CA OEHHA Finalizes Regulation for Prop 65 Website
Monday, February 15, 2016
What’s at Issue:
California’s Office Health Hazard Assessment (OEHHA) has released a final rule providing for the development of an agency website to afford information to the public regarding chemical exposure from Prop 65 listed chemicals. The regulation will take effect on April 1, 2016 with the website launching sometime later in the year.
Final Rule Specifics:
The regulation gives OEHHA the authority to develop a website that will provide information to the public regarding chemical exposure from Prop 65 listed chemicals. While the final rule does not detail what will be included on the website, it expected to feature information explaining which chemicals are included in individual consumer products and methods of common exposure.
OEHHA will also have the authority to mandate consumer product manufacturers, selling products containing Prop 65 chemicals, to provide information that will be posted on the website. Some of the possible information requested could include: location of the chemical, the chemical concentration, and an estimated level of exposure. Companies would have 90 days to respond following an OEHHA request.
The regulations do not require manufacturers to conduct testing and only information that is reasonably available will need to be provided.
It is important to note that the website requirements are not linked to Section 6, the Clear and Reasonable Warnings section, and therefore cannot be enforced under the civil penalty provisions of Prop 65.
Third parties may also submit content about manufacturers’ products for the website and while the OEHHA has agreed that there will a process for correcting inaccurate information, it has yet to lay out specific procedural details.
Final rule link can be found HERE
When OEHHA requests information from more than one manufacturer for the same type of product, the rule allows for those companies to respond through their trade association. ASC will be working with members of its Regulatory Affairs Committee to develop a process for responding to these anticipated information requests.
A copy of this Regulatory Affairs ALERT can be found HERE
Director of Regulatory Affairs