California Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was passed with the intention of protecting consumers from exposure to chemicals known to cause cancer, birth defects, or other reproductive harm. One of the key components of this act is the warning label requirement, which has evolved over the years to better inform consumers and promote public health.
As mentioned in our Safeguard (SG 97/24), California’s Office of Environmental Health Hazard Assessment (OEHHA) introduced certain modifications to the proposal in response to comments received on the original proposal on June 13, 2024. Highlights of the currently proposed modifications are shown in the below table.
Comments on the new proposal will be accepted until June 28, 2024.
| REQUIREMENT PER MODIFIED PROPOSAL (INTRODUCED JUNE 13, 2024) | REQUIREMENT PER ORIGINAL PROPOSAL (INTRODUCED OCTOBER 27, 2023) |
|---|---|
| Three years transition period to comply with new short-form warning label requirements after the proposal’s enactment | Two years transition period to comply with new short-form warning label requirements after the proposal’s enactment |
| Reverts back to the original regulatory text, where for online and catalog purchases warning at the point of purchase is sufficient | Requires for online or catalog purchases warning labels to be included on or with the product in addition to displaying the warning at the point of purchase |
| Provides internet retailers a 60-day grace period, from when they receive a warning or written notice changing to the new warning content, to update their online short-form warnings during the three-year implementation period | No related provision |
HOW CAN SGS HELP?
Through our Prop 65 evaluation screening program, we:
- Check your merchandise for high-risk chemicals before it leaves the distribution center for the California market
- Provide you with real-time results on your final product, so you can avoid distribution delays
- Keep you informed of the latest changes to Proposition 65 and update you on what you need to do to remain compliant
SGS’ California Proposition 65 (Prop 65) services offer your organization analytical testing and consultancy services to evaluate your products for composition and to recommend a pathway to compliance.
For enquiries, please contact our Customer Service team for details!
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