CA Prop 65

Cal EPA Office of Environmental Health Hazard Assessment 3
Proposition 65 Clear and Reasonable Warnings
Questions and Answers for Businesses Revised - August 2017
Subarticle 1. General
Q4: When do the new regulations take effect?
To allow for a reasonable transition period for businesses to begin providing warnings
under the new regulatory provisions, businesses can use either the September 2008 or
new regulations until August 30, 2018, at which time the new regulations will become
operative and the September 2008 regulations will no longer be available as a safe
harbor compliance option.
Q5: If I have to provide a warning, am I required to use the safe harbor warning
methods and content described in Article 6?
No. The safe harbor warning methods and content in Article 6 are deemed by OEHHA
to be clear and reasonable, and provide a “safe harbor” against enforcement actions for
businesses that choose to use them. A business can choose to use other warning
methods and content; however, the business might have to defend the warning in legal
proceedings if it were challenged by a public or private enforcer as not being clear and
reasonable.
Q6: When do I need to provide the new warnings?
The new warnings become operative on August 30, 2018, at which time the September
2008 safe harbor warning methods and content will no longer be operative. The
exceptions involve consumer products manufactured prior to August 30, 2018 and
labeled in compliance with the September 2008 warning regulations, and products
covered by court approved settlements (Section 25600).
Q7: Does a product available for retail purchase before August 30, 2018 require a
new warning?
A consumer product that is manufactured prior to August 30, 2018 and labeled with a
warning that is compliant with the September 2008 version of the regulations is deemed
to be compliant with the new regulations (Section 25600(b)). In other words, such a
product does not require a new warning. The date the product is available for purchase
does not determine whether the product should have a new warning.
Q8: Does a product covered by a court-approved warning require a new
warning?
A consumer product covered by a court-approved settlement can continue to use any
warning methods and content contained in that settlement.