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US – California: OEHHA Proposes Fourth Modification to Proposed Rule for Proposition 65 Short-Form Warnings
 

On Jun 13, 2024, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional modifications to its proposal to modify Proposition 65 (Prop 65) Article 6 Clear and Reasonable Warnings - Short Form. 

OEHHA first proposed revisions to the short-form warning in January 2021, after public comments the proposal was first revised in December 2021, second update in April 2022, and third update in October 2023. This fourth modification to the proposed rule was in response to the public comments received for October 2023’s notice.

Following is a summary of revisions proposed in the latest notice:

  • Increase the time for implementation of revised short-form warning content from two years to three years;
  • Revert to the original regulation text for internet and catalog warning that is provide at the point of purchase, delete the warning must be included on or with the product.
  • Include a new provision which would provide internet retailers a 60-day grace period, from when they receive a warning or written notice changing to the new warning content, to update their online short-form warnings during the three-year implementation period.

OEHHA accepted public comments on the modified proposal from June 13 to June 28, 2024.

The following link provides additional information about the further modifications to the proposed amendments:
https://oehha.ca.gov/media/downloads/crnr/regtext061324.pdf

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