New California Proposition 65 Clear and Reasonable Warning Regulation Becomes Effective August 30, 2018

Any products manufactured after August 30, 2018 will require the new label if there are any listed chemicals present that exceed the safe harbor levels.

Summary of Changes

• The language “may contain” changes to “can expose you to”

• The name of at least one listed chemical that prompted the warning must be listed

• The Internet address for OEHHA’s new Proposition 65 warnings website, www.P65Warnings.ca.gov, must be listed in the warning. This includes additional information on the health effects of the listed chemicals and ways to reduce or eliminate exposure to them

• A triangular yellow warning symbol is required , however if the color yellow is not present on the label or sign, the symbol may be printed in black and white

Other items of note:

• Parties that are subject to mandated court orders or court approved settlements establishing warning label contents should continue to comply with them and are not bound by the new regulations.

• Maintains minimal strain on retailers, and clarifies the responsibility between retailers and entities such as producer, manufacturer, importer or distributor of a product. Retail sellers are required to place and maintain any warning materials received with a product, while responsibility for providing product warning labels remain upstream of a products production/distribution chain.

• Provides guidelines for website warnings for products purchased over the internet

• Provides for warnings in languages other than English

For more information:

https://oehha.ca.gov/media/downloads/crnr/side-sidearticle6.pdf

How Does this Impact You? Contact Us to Discuss

By monitoring Proposition 65 actions and settlements, Bureau Veritas help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if listed Prop 65 chemicals are present in their products; identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance program an ongoing basis.

If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com