Proposed Changes to Prop. 65 Warnings Focus of Upcoming OEHHA Workshop

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has slated a public pre-regulatory workshop for July 30, 2013, to gather input from stakeholders “on the content of a regulation that would address Proposition 65 (Prop. 65) warnings.” According to OEHHA, the regulation, “if formally proposed and adopted, would either supplement or replace existing OEHHA regulations governing Proposition 65 warnings and conform to any statutory changes if enacted.” Gov. Jerry Brown (D) has indicated his intent to amend the law in 2013.

Among the proposed changes OEHHA is considering are (i) requiring, at a minimum, information in all warnings, the health effect for which the chemical was listed, how a person will be exposed and “simple information (such as washing hands) on how to avoid or reduce an exposure”; (ii) “Approved warning methods and content for use by manufacturers and retailers regarding exposures to listed chemicals in foods, including foods sold at retail establishments and food products sold via the internet. These approved methods may include alternatives to on-product warnings”; and (iii) the means to provide “additional contextual information to persons concerning exposures to listed chemicals,” available to the public on a Web site or other generally accessible medium. OEHHA has provided examples of warnings that would satisfy these requirements. The workshop will be webcast, and written comments on the proposal are requested by August 30, 2013. See OEHHA News Release, July 9, 2013.