Proposition 65 – Lead Agency Website Regulation What Businesses Should Know About Recent Prop 65 Changes
On January 19th, 2016, the California Office of Administrative Law approved the Proposition 65 Lead Agency Website Regulation (Title 27, California Code of Regulations [CCR], Section 25205). Proposition 65, a.k.a. the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to notify Californians about potentially toxic or hazardous chemicals in products, homes, and businesses.
Newly adopted Section 25205 establishes a framework for website through which the Office of Environmental Health Hazard Assessment (OEHHA) can provide information to the public regarding exposure to Proposition 65 Chemicals. The new website, which is currently under development, will be available at http://www.p65warnings.ca.gov/.
While developing the new website, OEHHA may request information from certain businesses that provide Proposition 65 warnings and manufacturers, producers, distributors, or importers of products, such as food, that contain Proposition 65 chemicals. Under the new regulation, businesses must provide the following information within 90 days of receiving a request:
Additional information on the Lead Agency Website is available on OEHHA’s website: http://oehha.ca.gov/prop65/CRNR_notices/WarningWeb/012516leadagencywebsite.html. Please note that this regulation is separate from but related to the pending rulemaking to repeal and adopt a new Article 6 of the CCR on clear and reasonable warnings. The extended comment period for the Clear and Reasonable Warning Amendments recently closed on January 29th, 2016. Stay tuned to Alta’s newsletter for information on all the forthcoming changes to Proposition 65!
Blog post by Chris Waller, Senior Associate II