May 29, 2018

Still Wondering About California’s New Proposition 65 Rules? Check Out This PowerPoint

Last week, the California AutoCare Association held an informative webinar on California’s new Proposition 65 regulations, with which manufacturers must comply by August 30, 2018. The slide deck from the webinar can be found here.

As the law firm Reed Smith notes, if they have not done so, businesses need to start to make modifications to their Proposition 65 warnings and to:

  • Coordinate with upstream vendors or downstream customers for more than 800 regulated chemicals in consumer products;
  • Assess whether new occupational exposure warnings need to be posted in California facilities; and
  • Determine whether “environmental warnings” (that fall outside of the above two categories) require changes such as the inclusion of a mapidentifying the area of exposure.

The manufacturer, producer, packager, importer, or distributor of a product has the primary burden of complying with Proposition 65 warning obligations by either affixing a warning label to the product bearing a warning or providing a written notice directly to the authorized agent for a retail seller explaining in detail how to comply. (As the AutoCare Association seminar explains, downstream companies must acknowledge in writing that they received the instructions.)

The new regulations do not apply to products that will be in the marketplace before August 30, but do apply to any product that could eventually be sold in California.

For more information on Proposition 65, check out last week’s edition of Connecting the Dots.

California businesses with specific questions on the administration or implementation of Proposition 65, can contact OEHHA’s Proposition 65 program at P65.Questions@oehha.ca.gov or by phone at (916) 445-6900.