SG 149/23
The proposal aims to modify California’s Prop 65 safe harbor warning methods, particularly those relating to short-form warnings.
On October 27, 2023, California’s Office of Environmental Health Hazard Assessment (OEHHA) reintroduced a proposal to modify the safe harbour warning methods required under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or Prop 65). This comes after modifications were initially proposed in 2021, revised twice and eventually abandoned in 2022, when the rulemaking reached the regulatory time limit for completion.
The main objective of the current proposal, similar to previous drafts, is to limit the usage of the short-form Prop 65 warnings. The short-form warning requirements currently allow companies to apply a warning without identifying the chemical name for which the warning is being applied. This has led to a widespread use of the short-form warning, which OEHHA claims were only intended for small products with limited label space. The proposed amendment would require businesses to at a minimum specify one chemical which triggered the warning. Per the draft, companies would have two years to transition to the new short-form warning requirements. Contrary to previous proposals, the current version does not limit short form warnings to specific product sizes. Table 1 summarizes proposed short form warning content based on the different routes of exposure.
Highlights of other proposed changes are listed below:
Proposed Amendments to California Proposition 65, Article 6 Clear and Reasonable Warnings, Subarticle 2 Safe Harbor Methods and Content
| Exposure endpoint(s) | Proposed modified warning content for short-form warnings |
|---|---|
| For exposures to listed carcinogens |
|
| For exposures to listed reproductive toxicants |
|
| For exposures to both listed carcinogens and reproductive toxicants |
|
| For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant |
|
Table 1
The OEHHA is holding a public hearing December 13, 2023, and is accepting comments until December 20, 2023.
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