Prop 65 Warning Label Requirements

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Prop 65 Warning Label Requirements
Update: Revision to Warning Label Requirements

Prop 65 warning label requirements have changed. Enforcement of these new rules begins august 30th, 2018 — read on to see if you are adequately prepared.

Warning Label Changes Going Into Effect Soon

California’s Office of Environmental Health Hazard Assessment (OEHHA) revised the regulations in Proposition 65 that cover “clear and reasonable warning” labels in August of 2016. The revisions to these label requirements mean that businesses must review their labeling practices and implement appropriate changes to remain compliant with Prop 65. While these changes have been in place since their initial adoption, they have remained unenforced for a two-year grace period afforded to businesses subject to Prop 65 regulation. Those two years are up, and enforcement of these new requirements is now imminent.

Effective August 30th, 2018, companies must observe the new “clear and reasonable warning” label requirements to remain compliant with Prop 65. The steep penalties imposed for noncompliance ($2500 per day, per infraction).

The changed regulations are numerous, but essentially break down into these categories:
Content: new label formats (overridden by specific exposure warnings — see below)
Methods of Transmission: clarify when, where, and how the content is to be displayed (overridden by specific exposure warnings — see below)
Warning Responsibility: clarifies that the responsibility for displaying the appropriate warning labels generally rests with retail providers if another actor in the production process (manufacturer, producer, packager, importer, supplier, or distributor) does all of the following:
Specific Exposure Warnings: review current labeling practices for any of the following products, chemicals, or area exposures — compare against OEHHA’s specific labeling standards found here (see § 25607–25607.29 and § 25607.32–25607.33).

It’s not too late to make sure that your company’s warning label practices are compliant with the revised requirements. Prop 65 warning label requirements may be changing, but you can stay on top of the situation before it becomes a problem. Please contact our lab if your company wants to test a product for various listed chemicals in compliance with Prop 65 — with the help of a toxicologist, we can help determine if your product requires a warning label.

ATS partners with manufacturers/importers, legal professionals, toxicologists, and consumer advocacy groups to ensure Proposition 65 compliance.