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Prop 65 Warning Labels - Compliance Deadline

Posted by David Johns on 9/4/2018
New California Prop 65 label requirements are now required on all products past a shelf life or created on or after August 30th 2018.  There are some exemptions for smaller businesses and for products that are classified as being below the regulatory safe harbor levels of the listed chemicals!

New Label Requirements

Previous compliance allowed for the warning labels to list that the product “contains” the chemical that can expose you to a prop 65 chemical, but the new law will change the language to the product “can expose you to” a Proposition 65 chemical rather than saying "contains."  Also included:
  • The name of at least one listed chemical requiring the warning
  • The URL for OEHHA's website www.P65Warnings.ca.gov
  • A triangular yellow warning symbol ⚠ on most warnings
Here's an example of what a new warning message might look like (via sourceintelligence):

When is a Prop 65 Warning Label Required?

Whenever a product contains a listed chemical, the warning must be present, unless the level of exposure is below the regulatory safe harbor level.  Businesses with less than 10 employees in CA may be exempt.  The requirement is for every type of product, not just chemical products, that contain any amount of the listed chemical above the safe harbor level.

When Must Products Comply With the Rules For "Clear And Reasonable Warnings?"

Prior to August 30, 2018, products can use either the new form of warning or the September 2008 regulations. After this date, new products must only use the new regulations.  Consumer products manufactured  before August 30, 2018, do not require the new warning, as long as it is labeled with a warning that is compliant with the 2008 regulations.

More Highlights of the New Warning Label

  • Provides website warnings for online purchased products
  • Adds "tailored" warnings to provide detailed information for certain exposures, places and products
  • Shows warnings in other languages than English in some cases
  • Lists the roles and responsibilities of those providing the warnings

Where to Find More Details About Proposition 65 Warning Requirements

Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations. You can also contact the Proposition 65 Implementation Program office: (916) 445-6900 or email P65.Questions@oehha.ca.gov.

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