California Agency Releases New Requirements for Prop 65 Dangerous Chemical Warnings
After a year of consideration, California’s Office of Health Hazard Assessment (OHHA) has issued a final regulation for its “Safe Harbor” warning provision regarding Proposition 65. This new provision is designed to give consumers additional information regarding the contents of the products sold in California, particularly when it comes to potentially dangerous chemicals. The new regulation will go into effect on August 30, 2018, giving companies time to comply.
Between now and the date that the new provision takes effect, manufacturers can continue to print labels with existing warning language, as authorized by Proposition 65. This language will be deemed compliant even if the product is sold after the August 30, 2018 date, as long as the product was manufactured before then.
As another option, manufacturers can use the new warning label language immediately and avoid any issues with non-compliance following August 30, 2018. Also, the regulation states that any court order or final judgment approving specific language for a warning label will still be subject to that court order or judgment in lieu of the new label requirement.