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All consumer products and food products sold or distributed into the State of California may soon be subject to new scrutiny for chemical exposure warnings
Revisions to a critical environmental law regarding warnings for chemicals in consumer products and food products will again change the way companies evaluate and label products they distribute or sell into California.
The Proposed Regulatory change is open for public comment until March 8, 2021.
These new warning regulations fall under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, referred to as Proposition 65. While the California’s Office of Environmental Health Hazard Assessment (OEHHA) facilitates the addition of new chemicals to the State’s list of carcinogens and reproductive toxicants (there are over 950 chemicals on the list), anyone in the State can sue for enforcement under Proposition 65. In order to manage the significant fin
Prop 65 Short Form Warnings Set To Significantly Change Friday, January 8, 2021
Today, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA), published proposed amendments to Article 6 of the state’s Proposition 65 regulations. Very shortly, our Prop 65 team will publish a full analysis of the proposed changes; however, in brief:
Currently, Prop 65 regulations allow certain companies to use a “short form warning label” in certain situations; however, it remains commonplace for many companies to be able to utilize the short form warning. An example of a short form warning is:
WARNING: Cancer and Reproductive Harm –
The proposed changes to the warning label would mean the following:
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The one-year grace period to come into compliance with new Proposition 65 warning requirements for cannabis smoke and THC ends and enforcement may begin as of January 3 of the new year.
By that date, businesses that may expose consumers to the listed chemicals must determine if warnings are required for their products and, if so, post a proper warning (such as on a product label, website page, and/or shelf sign, among other options). As discussed in my post when the new listings were issued, while marijuana smoke has been a Prop 65
Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to.