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June 2017

Proposition 65 Amendment AB 1583 Referred to California Senate Judiciary Committee

A proposed amendment to Proposition 65, AB 1583, has passed out of the California Assembly and has been referred to the California Senate Judiciary Committee. The bill, intended to increase transparency and also ensure that businesses are aware of Proposition 65’s requirements, would revise Proposition 65 as follows: Make the basis for the Certificate of Merit discoverable. Background. Under current law, a private enforcer alleging violation of the Proposition 65 warning requirement must include a Certificate of Merit with its Notice of Violation, per Health & Safety Code Section 25249.7(d)(1). In the Certificate of Merit, the private enforcer is required to declare that it has consulted with one or more persons with appropriate expertise who has/have reviewed information relating to the alleged violation and that, based on that information, the private enforcer believes that there is a reasonable and meritorious claim of a violation. For the Notice of Violation submitted …Read More

OEHHA Proposes Amendment to Proposition 65 Notice Regulations

The California Office of Environmental Health Hazard Assessment has announced that it intends to amend the Proposition 65 notice regulation at Title 27, California Code of Regulations Section 25903(b)(2)(E) and Appendix A, to “clarify the content required in notices of violation served on alleged violators of Proposition 65.” Comments on the proposal are due by July 3, 2017 and may be submitted electronically, per the notice. Under current regulations, a Proposition 65 Notice of Violation must include an Appendix A. Among other things, Appendix A must include a Special Compliance Procedure and Proof of Compliance Form, which alleged violators may use to resolve certain — and very specific — types of alleged Proposition 65 violations. The Special Compliance Procedure and Proof of Compliance Form became required after Proposition 65 was amended to include a special, streamlined, and low-cost way to resolve alleged violations involving: An alleged exposure to alcoholic beverages that are …Read More

Senate Committee Approves S. 951, The Regulatory Accountability Act

The Senate Committee on Homeland Security and Governmental Affairs gave the green light to the Regulatory Accountability Act (RAA) on May 17, 2017. The RAA (S.951), introduced by Senator Portman (R-OH) and Senator Heitcamp (D-ND), aims to “reform the process by which Federal agencies analyze and formulate new regulations and guidance documents.” If passed, the bill, which accompanies a similar bill passed by the House (H.R. 5), could make it much more difficult for agencies to implement regulations. Although billed by its sponsors and co-sponsors — Senator Hatch (R-UT) and Senator Manchin (D-WV) — as a bipartisan bill, support for the legislation is divided largely along partisan lines. The bill has not yet been scheduled for a full-bodied debate or vote. Changes to Agencies’ Authorities If passed, the RAA would be the first update to the Administrative Procedural Act since 1946. The bill changes the federal rulemaking process, as well as …Read More

OEHHA To Hold Public Hearing on Lead in Candy

The Office of Environmental Health Hazard Assessment (OEHHA) is holding a public hearing on July 6, 2017 (rescheduled from June 19, 2017) from 10 am to 12 pm in response to a petition from the Center for Environmental Health (CEH) requesting OEHHA to “commence the regulatory process to issue regulations pursuant to Health & Safety Code §110552 setting a ‘naturally occurring’ lead level in candy containing chili and tamarind.” The hearing will be held in the Coastal Hearing Room at Cal/EPA’s headquarters located at 1001 I Street in Sacramento and also will be broadcast online.  The deadline for written comments on the petition is July 3, 2017 and comments may be submitted electronically, per OEHHA’s notice. Health & Safety Code §110552 is part of the Sherman Food, Drug, and Cosmetic Law (Health & Safety Code sections 106500, et seq.) and requires OEHHA to establish the “naturally occurring” lead level in candy containing …Read More