A house in Barrio Logan has a recycling company as a neighbor, something that is common in this community. Photo by Andrea Lopez-Villafaña | La Prensa San Diego
Frustrated of feeling that the City of San Diego is not listening to the needs of community members in Barrio Logan with respect to the community plan in effect, which dates to 1978, residents are demanding that the City stop asking what should be done and act.
To outsiders, Barrio Logan seems like a colorful neighborhood surrounded by murals and an up and coming spot for art galleries and coffee shops.
But for those who have lived in the neighborhood their whole lives, they see the mix of industrial companies and recycling centers with residential areas and schools, and worry about the health and future of their families.
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On January 8, 2021, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. These changes will require any company using short-form warnings to revise their labeling and marketing compliance plans.
Compliance with California’s Proposition 65 is a familiar hurdle for businesses selling consumer products into that state. Proposition 65 requires that consumers be provided with a “clear and reasonable warning” of exposures to certain chemicals determined by California’s Office of Environmental Health Hazard Assessment (OEHHA) to cause cancer, birth defects, or other reproductive harm. Manufacturers, distributors, and retailers who fail to provide such a warning are at risk for enforcement lawsuits
[co-author: Wendy Hernandez]
Updated Proposition 65 warning requirements for cannabis products came into effect on January 3, 2021. As of that date, anyone offering for sale cannabis products in California including hemp-derived CBD products must provide an appropriate warning in accordance with the current regulations, with limited exceptions. Noncompliance with the new regulations may result in government or private prosecution, with potential penalties of up to $2,500 per day for an alleged violation.
Prior Proposition 65 Requirement was Limited to Smokeable Cannabis
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, requires the State of California to maintain an updated list of toxic substances known to the state to cause cancer or reproductive toxicity. Persons or companies who offer products for sale in California containing Proposition 65-listed substances must provide an appropriate warning to the consumer (with limited
WARNING: Cancer Risk From Diisononyl Phthalate (DINP) Exposure – www.P65Warnings.ca.gov.
For a consumer product containing two chemicals with two separate exposure risks, the proposal would require:
WARNING: Cancer Risk From Formaldehyde and Reproductive Risk From Toluene Exposure - www.P65Warnings.ca.gov.
In its Initial Statement of Reasons, OEHHA states that the proposed regulation is necessary to stop businesses’ use of the short-form warning on large packages, in catalogs, and on-line (where there are not the same space limitations), and to discourage its use to warn prophylactically by requiring that the short-form warning name at least one chemical and clarify that use of the product can cause a chemical exposure.
Wednesday, January 20, 2021
On January 8, 2021, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. These changes will require any company using short-form warnings to revise their labeling and marketing compliance plans.
Compliance with California’s Proposition 65 is a familiar hurdle for businesses selling consumer products into that state. Proposition 65 requires that consumers be provided with a “clear and reasonable warning” of exposures to certain chemicals determined by California’s Office of Environmental Health Hazard Assessment (OEHHA) to cause cancer, birth defects, or other reproductive harm. Manufacturers, distributors, and retailers who fail to provide such a warning are at risk for enforcement lawsuits from Californi