There are new regulations for CA Proposition 65 standards, and come August 30th, all products and environments containing or threatening possible exposure to certain hazardous chemicals as deemed by the Office of Environmental Health Hazard Assessment (OEHHA) must now follow the new labeling codes or face serious penalties.

According to an article by CalChamber Advocacy, these penalties can be up to $2,500 per day, per infraction, as well as the possibility of injunctive relief or the cost of a lawyer.

To avoid legal action or a product recall, see below for details on what your label should say by August 30th in order to act in accordance with Prop 65.

The New Regulations

Much like its predecessor, the new Proposition 65 regulations continue to call for “safe harbor” warnings on products or environments that contain hazardous chemicals.

However, whereas the old requirements simply demanded a “clear and reasonable” warning, new Prop 65 rules contain specific instructions on what constitutes as “clear and reasonable” – most notably: listing the hazardous chemicals individually, adjusting the size and appearance of the warnings, and changing some of the wordage used.

Additionally, businesses may now choose between listing the full warning on their products, or a “short-form” warning that is abbreviated, but “must be in a type size no smaller than the largest type size used for other consumer information on the product”, according to Proposition 65 code.

Required Content on Warnings

In order to be considered “clear and reasonable” a warning label on a product, sign, or shelf tag must contain the following alterations:

  • Warnings must now begin with the words “This product can expose you to…”, rather than the old wordage of “This product contains…”
  • All warnings must now name at least one of the hazardous chemicals within the product, while clarifying if it’s known to be a carcinogen, reproductive toxicant, or both. If containing a chemical that is known to cause cancer, and another that causes birth defects or reproductive harm, both chemicals must be listed. If containing a single chemical that causes both diseases, only the one must be named.
  • All warnings must contain a pictogram of a triangle with an exclamation point in the middle, on the left side of the warning. The triangle must be in colored yellow, unless the sign, product, or shelf label the warning is printed on does not contain that color. Then, and only then, can the pictogram be in black-and-white.
  • Any warning, both short and long form, must end with the words “For more information go to www.P65Warnings.ca.gov.”
  • Warnings must be given in English, but if another language is also featured on the product or sign, a translation to that language must also be provided.

Before making any product or sign changes, remember to always consult your attorney first, while OEHHA’s answers to a list of frequently asked questions on Proposition 65 can be found here.

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