The Office of Environmental Health Hazard Assessment (OEHHA) adopted new Article 6 Clear and Reasonable Warnings regulations in August 2016, which became operative in August 2018. The Article 6 regulations adopted safe harbor warning methods and content for consumer product exposures that included provisions for a short-form warning. However, there has been widespread use of short-form warnings in ways that were not intended and do not further the purposes of Proposition 65. OEHHA has also received numerous inquiries from businesses seeking clarification as to whether the short-form warning could be used to provide safe harbor warnings for food products, and for additional guidance on the safe harbor warning content for short-form food warnings. OEHHA has therefore determined that further amendments of certain sections of Article 6 are necessary.

Proposed Changes:

1. The short-form warning may only be used if:

a) The total surface area of the product label available for consumer information is 5 square inches or less, and;

b) the package shape or size cannot accommodate the full-length warning described in Section 25603(a), and;

c) The entire warning is printed in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than 6-point type.

2. Eliminate use of short-form warnings for internet and catalog warnings.

3. Require that the name of at least one chemical be included in the short-form warning.

4. Clarify how short-form warnings can be used for food products.

Comment Period:

OEHHA will accept comments on their proposal through Monday, March 8, 2021.

Effective Date:

Compliance to the revisions will be mandatory after one year from the effective date of the changes, if approved. During that period, companies may comply with either the pre-amendment or post-amendment versions of the warning labels.

URL:

https://oehha.ca.gov/proposition-65/crnr/notice-proposed-rulemaking-amendments-article-6-clear-and-reasonable-warnings-0

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