Short Form Warning Revisions and Proposed Amendments- California Prop65

OEHHA has revised its proposed revisions to the short-form warning rule and this notification of the amended rulemaking was published on December 13, 2021. After carefully reviewing the comments received, OEHHA has modified the proposed regulation to, among other things.

Below are the major focuses:

1. 1. The short-form warning may only be used if:
   1. i. The total surface area of the product label available for consumer information is increased from 5 to 12 square inches
   2. ii. The entire warning is printed in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than the 6-point type.
2. 2. In the original proposal, in Sections 25602(b) and (c), the option to use the short form warning content in online warnings or a catalog, respectively, had been eliminated. This change has been removed and the original regulatory language that allows the use of the short-form warning on websites and in catalogs remains.
3. 3. The phrase “WARNING” may be replaced with CA WARNING or CALIFORNIA WARNING.  Businesses would still have the option to use the signal word “Warning”.
4. 4. The short-form warning must include the name of at least one carcinogen and/or reproductive toxicant as applicable.
5. 5. Short-form warnings may continue to be used in catalog and internet sales provided the short-form warning is used on the product label.
6. 6. In several sections, the word “product” was removed from the proposed term “product label”. The existing term “label” remains.
7. 7. The new regulations will go into effect one year after they are adopted by OEHHA and approved by the Office of Administrative Law. Products manufactured before the expiration of the one year will be deemed compliant if they provided a short-form warning based on the current regulations.

At the request of the California Chamber of Commerce, OEHHA hereby extends the public comment period for these proposed changes by an additional 7 days.  The comment period will now close on January 21, 2022

What should Manufactures’, Distributors, and Suppliers do?

1. 1. A warning must include the name of one or more chemicals for each endpoint (cancer and reproductive toxicity) unless the named chemical is listed as known to cause both cancer and reproductive toxicity and has been so identified in the warning
2. 2. Consumer product exposure warnings must be prominently displayed on a label, labeling, or sign
3. 3. Environmental exposure warnings must be provided in such conditions as to make the warning likely to be seen, read, and understood by an ordinary individual during normal daily activity.
4. 4. Should also reflect by providing comments supporting the alternative warning language.
5. 5. Must communicate with your supply chain partners on your product status regarding Prop 65

References:

1. Modified Short Form
https://oehha.ca.gov/media/downloads/crnr/shortformmodifiedregtext121321.pdf

2. Notice of Modification to the Proposed Amendment
https://oehha.ca.gov/media/downloads/crnr/noticeshortformreg121321.pdf

3. Extension of Notice Period
https://oehha.ca.gov/media/downloads/crnr/noticeextofcompdshortform122321.pdf