Proposition 65 requires that businesses with 10 or more employees give a clear and reasonable warning to individuals before knowingly and intentionally exposing them to a chemical listed as known to cause cancer or reproductive toxicity.

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency that implements Proposition 65. The new regulations proposed for adoption into Article 6 retain the “safe harbor” concept by giving a business the opportunity to use warning methods and content that OEHHA has deemed “clear and reasonable”.

The short-form warning labels present a conflicting message with the existing Federal labeling requirements and are misleading to consumers. OEHHA proposed changes to the act will put strict restrictions on short-form warnings, potentially needing a majority migration towards long-form labels.



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