Compliance Resources for Rapidly Approaching Deadline for New Proposition 65 Warnings

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July 17, 2018 - Kirsten Wallerstedt

As of 30 August 2018, all businesses affected by California’s Proposition 65 must have new labels, signs, or other warnings in place for any exposure to a listed substance which occurs in California.

Compliance with Proposition 65 is especially troubling to businesses, since most enforcement is done through “citizen” enforcers who may sue a company for alleged violations of the law. Proposition 65 requires businesses to provide a “clear and reasonable” warning prior to exposing any individual to a Proposition 65-listed substance above save harbor levels.

To help comply by this deadline, the state’s Office of Health Hazard Assessment (OEHHA) has released a new compilation of available resources:

Overview of Proposition 65 and the new warning regulations:
https://www.p65warnings.ca.gov/frequently-asked-questions-businesses
https://www.p65warnings.ca.gov/new-proposition-65-warnings
Questions & Answers for Businesses about the new warning regulations:
https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa.pdf
Q&A on Internet and Catalog warnings:
https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa_int...
A side-by-side comparison of the old and new regulations:
https://oehha.ca.gov/media/downloads/crnr/side-sidearticle6.pdf
Sample warnings (including translations into other languages):
https://www.p65warnings.ca.gov/sample-warnings-and-translations-businesses
Warning symbols in various sizes are available here:
https://www.p65warnings.ca.gov/warning-symbol

Don’t forget to check out our infographic, too!

It is vital for businesses to understand that the new regulations do not determine when a warning is required. Rather, the new regulations provide guidance for businesses on how to meet the standard of providing a “clear and reasonable” warning. The new regulatory text makes significant changes to Article 6 of the Proposition 65 regulations, which sets out compliant ways that businesses may provide a clear and reasonable warning.

For assistance determining your Proposition 65 compliance obligations and how to adapt to the new warning language, please contact us.

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