Amendment to California Prop 65

On December 6, 2024, The Office of Environmental Health Hazard Assessment (OEHHA) has amended Title 27, California Code of Regulations sections 25601, 25602, 25603, and 25607.2, and added new sections 25607.50 through 25607.53.

This regulatory action will make the Proposition 65 short form warning more informative to consumers by adding at least one chemical name and providing additional warning options for businesses to select from.

The regulations provide a 3-year transition period and allows for the unlimited sell-through of products manufactured prior to the effective date.

The Office of Administrative Law (OAL) approved the rulemaking on November 26, 2024. The effective date for the regulation is January 1, 2025, and enforcement date will be January 1, 2028.

Key changes to the regulations include:

• Short-form warnings must now include at least one chemical name for each applicable endpoint (i.e., cancer and/or reproductive toxicity).
• Businesses now have the option of using “WARNING,” “CA WARNING” or “CALIFORNIA WARNING.” This allows businesses to identify the warnings as California-specific on products that may be sold outside the state.
• The short-form warning can be used on any label size, provided the text is at least 6-point font and is “conspicuous” as defined in the regulations.
• Internet warning must be provided using one or more of the following:
  1. A warning on the product display page; or
  2. A clearly marked hyperlink using the word “WARNING” or “CA WARNING” or “CALIFORNIA WARNING” on the product display page that links to the warning; or
  3. An otherwise prominently displayed warning provided to the purchaser prior to completing the purchase.
• Internet retailers have a 60-day grace period, starting from the date they receive a warning or written notice that a product will have new warning content, to update their online short-form warnings during the three-year transition period.
• Clarifies that the short-form warning can be used for food has been incorporated. Food product warnings should not include the triangle and exclamation point symbol; and the website is listed as www.P65Warnings.ca.gov/food.
• New tailored exposure warnings for the following specific product categories:
  1. passenger or off-highway motor vehicle parts exposure warnings; and
  2. recreational marine vessel parts exposure warnings.
• Online and catalog warning requirements are amended for warnings displayed pm websites and catalogs.

To comply with California Proposition 65, businesses must determine if their products contain any of the listed chemicals. Businesses should monitor the listed chemicals as there are updated at a minimum, annually.

Products that contain listed chemical above the no significant risk level, must provide a clear and reasonable warning in accordance with the legislation. These warnings must be prominently displayed on the product or at the point of sale. Business should refer to the legislation for information and requirements of the label.

Demonstrating compliance can be a daunting task for manufacturers and retailers selling their products in California. With over 900 listed chemicals of concern in the Proposition 65 list of chemicals, frequent changes to the list and varying thresholds by product and substance, manufacturers need expertise and precision testing to meet Proposition 65 requirements and avoid potential fees and litigation.

UL Solutions can help you demonstrate compliance by:

• Product line and supply chain assessment: We will review raw material and component supply chains to determine the likelihood that chemicals of concern may be present. We make recommendations on supplier requirements and test programs to help monitor the presence of listed chemicals and mitigate risk in the supply chain.
• Chemical emissions testing: We use dynamic environmental chamber technology to detect and measure the chemicals that a product emits, providing measurable, verifiable data - the first step in meeting Proposition 65 requirements.
• Chemical testing: Our laboratories conduct testing for the chemicals listed within the Proposition 65 regulation in products and raw materials.
• Exposure assessments: For products that include one or more listed compounds, our technical experts can perform an exposure assessment. An exposure assessment evaluates how much of a substance a person inhales, ingests, or absorbs through the skin. Our product toxicology experts work with manufacturers to determine reasonable usage of their products to assess if exposure above the safe harbor level is likely.
• Safe harbor level development: For chemicals that do not have a safe harbor level established by the state of California, our toxicology experts can develop a reference level for use in the exposure assessment.

Source

Proposition 65: Clear and Reasonable Warnings – Safe Harbor Methods and Content