On Oct 27, 2023, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional modifications to its proposal to modify Prop 65 Article 6 Clear and Reasonable Warnings - Short Form. 

OEHHA first proposed revisions to the short-form warning in January 2021, after public comments the proposal was first revised in December 2021and second update in April 2022. This third modification to the proposed rule was in response to the public comments received for April 2022’s notice.

Following is a summary of revisions proposed in the latest notice:

1. Update short-form warnings content, such as warnings were changed from “… - www.P65Warnings.ca.gov ” to “… See www.P65Warnings.ca.gov” .
2. Clarify existing warning requirements for products sold on the internet and in catalogs.
3. Add signal word options for food warnings, clarify that short-form warnings may be used to provide warnings for food products.
4. Provide new tailored warnings for passenger or off-highway motor vehicle parts and recreational marine vessel parts.

Based on the current proposal, the short-form warning options for consumer products are as follows:

Example short-form warning for listed carcinogen:

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov.
or

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov.

Example short-form warning for listed reproductive toxicant:

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Risk of reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.
or

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.

Example short-form warning for exposure to both listed carcinogens and reproductive toxicants:

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.
or

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.

For exposure to chemicals listed as both a carcinogen and a reproductive toxicant:

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Risk of cancer and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov. 
or

WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov.” 

OEHHA is currently accepting written comments concerning this proposed regulatory action. Any written comment must be received no later than December 20, 2023.

The following link provides additional information about the further modifications to the proposed amendments:
https://oehha.ca.gov/media/downloads/crnr/regtextnprmshortformamendments102723.pdf

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