Proposition 65 Amendments Approved in August 2016

On August 30, 2016, amendments to the Proposition 65 regulations in California were approved, marking the first change in the rule in over thirty years. Proposition 65, or Prop. 65, was passed in the with the goal of reducing chemical exposure that may cause cancer or reproductive defects. Under the rule, the state of California must maintain and update an inventory of chemicals known to produce these effects due to exposure. The law also requires businesses in California to provide warnings if their products or facilities contain any chemical that is listed on said inventory at a level that would be harmful to exposed consumers. There are a few exceptions to the labelling requirements. Businesses with less than 10 employees do not need to follow the warning regulations. Businesses are also exempt if the exposures of chemicals are so low that they do not present any significant level of risk. These “safe harbor” levels of exposure allow businesses to use certain chemicals on the Prop. 65 inventory without providing a warning. If exposure to a chemical that may cause cancer or reproductive harm is above “safe harbor” levels, then a warning to consumers is needed. To help businesses avoid litigation or penalties, Prop. 65 has developed language to be used on warning labels. With the amendments to the regulations, this language has been revised to change the nature of these warnings and give consumers more access to information on listed chemicals. The labels must list at least one chemical contained in the product for both risk of cancer and reproductive toxicity, and in some cases labels may now need to be translated into foreign languages. The new labels must also have a hazard symbol as well as a link to the OEHHA website, which now has more information about the warnings. Along with these new warning requirements, OEHHA has also taken on new authority to enforce Prop. 65. OEHHA can now ask businesses to provide them with additional information about chemicals listed on their warnings. This information can include concentration levels, exposure levels, and the location of the chemical in the product. Businesses have up to 90 days to respond once OEHHA has requested such information. SGIA continues to monitor the implementation of this important piece of legislation. Sign up to receive the most up-to-date regulatory and legislative information about specialty imaging.