Prop 65 - OEHHA proposes to amend Article 6 of Title 27 of the California Code of Regulations[1], section 25603 - clear and reasonable warnings

May 08, 2018

In August 2016 the Office of Environmental Health Hazard Assessment (OEHHA) adopted Article 6 Clear and Reasonable Warnings regulations that included safe harbor warning methods and content for consumer product exposures (Sections 25602 and 25603) and occupational exposures (Section 25606) to listed chemicals.

OEHHA has now received a request to modify the safe harbor warning content for on product warnings for exposures to listed chemicals in pesticides - section 25603.

The modification would add optional signal words that would be allowed in narrow circumstances where a warning is provided on a product regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the signal word “warning” conflicts with the FIFRA requirements.

The proposed regulations will assist businesses, especially pesticide registrants in California to comply with the Proposition 65 (also called the Safe Drinking Water and Toxic Enforcement Act), which requires businesses to provide a clear and reasonable warning before they cause an exposure to a chemical listed as known to the state to cause cancer or reproductive toxicity.

Public comments may be submitted but must be received by 5.00pm on June 11, 2018. Electronic submission is preferred and can be made through the website: https://oehha.ca.gov/comments

Further information on the proposed amendment can be found here: https://oehha.ca.gov/proposition-65/crnr/proposed-amendments-article-6-clear-and-reasonable-warnings-section-25603

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