The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as “Proposition 65” or “Prop 65” has new regulations that take effect on August 30, 2018. The amended regulations do not change the list of almost 900 chemicals identified by California’s Office of Environmental Health Hazard Assessment; however, they do change the labeling requirements for consumer products containing one or more of those chemicals.
The primary responsibility for providing product warnings to consumers is the manufacturer, producer, packager, importer, supplier or distributor. At least one chemical name must be included in the warning statement, the statement must include a warning symbol, the word “WARNING,” and reference the Prop 65 website. There is also an option for a shorter warning statement, intended for products with limited space, with only the risk type and the website, P65Warnings.ca.gov, identified.
California attorney, William Senior, cautions, “As with the original Prop 65 regulations, complying with these regulations can be nuanced and complex.” Potential liability includes monetary penalties of up to $2500 per day, per violation. Contact us today if you have questions about your regulatory obligations.
