March 2, 2015
The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) and to adopt new regulations on clear and reasonable warnings. Any company with more than 10 employees that does business in California (regardless of where the company is headquartered) involving products or premises with reproductive toxicants or carcinogens above exempt levels will be required to comply.

Prop 65 is an environmental right-to-know law intended to alert the public, and product consumers, about the presence of hazardous chemicals and toxic substances in foods, supplements, consumer goods, and other products and places. OEHHA is the lead agency for Prop 65 implementation.

Written comments regarding the proposed rulemaking will be accepted until 5:00 p.m. PST on April 8, 2015, with public hearings scheduled for March 25, 2015 in Sacramento, California. Companies doing business in California should consider whether to submit comments or attend the hearing directly or indirectly through trade associations.

For an in-depth look at the proposed rule-making and its implications, click here.