Relevant for: Electrical & electronics, Hardlines, Softlines, Toys & children's products
The California Office of Environmental Health Hazard Assessment (OEHHA) recently published a proposed rulemaking1 to amend certain sections of Article 6, clear and reasonable warnings, of Title 27 of the California Code of Regulations which will become operative from 30 August 20182. The public comment period will be ended by 7 September 2017.
The proposed amendments3 include further clarification and corrections to facilitate businesses’ compliance with Prop 65 and increase the public’s ability to understand the warnings they receive for the various products they may choose to purchase. Highlights of amendments are summarised as follows:
|Section no.||Highlights of amendments|
|Section 25600.1 Definitions|
Modified the definitions of “Authorised agent”, “Label”, “Labelling” and “Sign”.
Section 25600.2 Responsibility to Provide Consumer Product Exposure Warnings
- Indicated the flexibility that the warning can be provided on either the product label or labelling.
- Specified the first renewal date 2 February 2019 for the written notice to the authorised agent for the retail seller for complying with the warnings requirement. The notice shall be renewed annually thereafter.
|Section 25602 & 25603 Consumer Product Exposure Warnings|
- Revised the name “on-product warning” to “short-form warning”, and clarified the short-form warning should be provided on the product label.
- Removed “shelf tag” and included in “sign” which is used to provide consumer information about a product.
- Correction for exposures to both listed carcinogens and reproductive toxicants, the words “chemicals including” should be kept.
Section 25607.13 Furniture Product Exposure Warnings - Content
- The specific warning should be provided on a label which is printed on or affixed to a furniture product.
- The words of the notice are revised follows:
“Some furniture products can expose you to chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. Please check the product label for warning information.”