California Updates Prop 65 Labeling Requirements

On August 30, 2016, the Office of Administrative Law approved the adoption of a new set of rules regarding the language requirements for clear and reasonable warnings under California Proposition 65 (Prop 65). The changes, originally proposed in January 2016 by the Office of Health Hazard assessment (OEHHA), will come into effect on August 30, 2018. Until that time, both the old and new warning language will be acceptable for use by people who wish to give warning about possible exposure to a Prop 65 listed chemical.

Prop 65, the “Safe Drinking Water and Toxic Enforcement Act of 1986, is a unique consumer “right-to-know law”, which requires the state to maintain and update a list of chemicals known to cause cancer, birth defects or other reproductive harm. The law states that, unless exempted, a business must not expose individuals to the chemicals on the list without giving a Prop 65 warning.

The new text seeks to clarify:
• Warning responsibilities for retailers and manufacturers of consumer products
• Warning responsibilities for websites and catalogues
• Definitions of terms used within the regulation

The new warning label requirements for consumer products are listed in Sections 25602 and 25603. In addition to changes concerning type size and warning symbols, the amendments also allow for simplified labels on consumer products – listing endpoint risk and the web address www.P65Warnings.co.gov. For example, “Cancer - www.P65Warnings.ca.gov.” or “Reproductive Harm - www.P65Warnings.ca.gov.”

The changes also include acceptable full text warnings that can be used in catalogues and on websites when no warning label is provided on the product and may be used on consumer products if desired. These consist of:

• For exposures to listed carcinogens, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.”
• For exposures to listed reproductive toxicants, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.”
• The regulation also includes specific warning language for products that contain chemicals that are known to be both carcinogens and toxic to reproduction and warning language for products that contain chemicals that are known separately to be carcinogens and toxic to reproduction.

The new text also goes into specific detail about acceptable warnings and methods of transmission for area and environmental warnings, and particular language for some specific products and businesses. Companies are advised, therefore, to check compliance against the new regulations before they become mandatory on August 30, 2018.

SGS Prop 65 Services
SGS can offer comprehensive testing, product assessments and consultancy services related to California Proposition 65 to assist your risk management in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services (www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65)

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full New Prop 65 Labeling Requirements SafeGuardS. (www.sgs.com/en/news/2016/06/safeguards-11916-california-proposition-65-reformulation-of-dinp-in-consumer-products)

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

William Baxter
Technical Manager, Consumer and Retail
Tel: (+01) 862 233 5775
Email: cts.media@sgs.com
Website: www.sgs.com/cgnr

About SGS
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This release was published on openPR.