CA Prop 65

Cal EPA Office of Environmental Health Hazard Assessment 2

Proposition 65 Clear and Reasonable Warnings

Questions and Answers for Businesses Revised - August 2017

Modified Article 6 Clear and Reasonable Warnings

Q1: Has the Office of Environmental Health Hazard Assessment (OEHHA) issued

new regulations concerning the provision of warnings?

Yes, in August 2016 OEHHA adopted amended regulations for the provision of “clear

and reasonable” Proposition 65 warnings in Title 27, California Code of Regulations,

section 25600, et seq.

The new regulations will be effective on August 30, 2018,

although businesses can begin using warnings that conform with the new regulations at

any time.

 Article 6, Subarticle 1 consists of mandatory provisions including definitions of

terms that are applicable to all warnings provided under Proposition 65.

 Article 6, Subarticle 2 provides non-mandatory, “safe harbor” methods and

content for giving “clear and reasonable” warnings under Proposition 65.

Q2: I have determined that I need to provide a warning. How do I do so?

Guidance for providing a clear and reasonable warning is available in OEHHA’s warning

regulations. Warnings can be given by a variety of methods depending on the type of

exposure (consumer product, environmental, or occupational). You may find it helpful

to refer to the side-by-side comparison of the September 2008 and August 2018 (“new”)

regulations to consider your options, as either can be used until August 30, 2018.

Q3: What kind of testing does a business have to do in order to meet the safe

harbor warning requirements?

The warnings regulations do not address the question of whether a warning is required;

rather, the regulations provide guidance on how to provide a warning once a business

has made a determination that a warning is required. The warning regulations do not

require a business to perform any testing.

To guide businesses in determining whether a warning is necessary, OEHHA has

developed over 300 regulatory safe harbor levels for Proposition 65 chemicals. A safe

harbor level identifies a level of exposure to a listed chemical that does not require a

Proposition 65 warning. A business is not required to provide a warning if exposure to a

chemical occurs at or below these levels. These safe harbor levels consist of No

Significant Risk Levels for chemicals listed as causing cancer and Maximum Allowable

Dose Levels for chemicals listed as causing birth defects or other reproductive harm.

All further references are to sections of Title 27, California Code of Regulations unless indicated otherwise.