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New Prop 65 Warning Requirements: Are Hotels Prepared for Changes?

The new regulations that go into effect on August 30, 2018 under California Proposition 65 (Prop 65) will impose significant changes in a variety of industries. Proposition 65 requires businesses to provide “clear and reasonable” warnings prior to exposing individuals to chemicals on the Proposition 65 list. The new warning regulations, representing the first significant set of regulatory revisions in 30 years, contain new warnings for hotels that are designed to be clearer and more informative. As with all businesses affected by the amended regulations, hotels and other lodging establishments should become familiar with the new regulations ahead of the…

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OEHHA Establishes No Significant Risk Level for Vinylidene Chloride

Under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), vinylidene chloride was listed as a carcinogen as of December, 2017. The Office of Environmental Health Hazard Assessment (OEHHA) adopted an amendment in May 2018 that establishes a No Significant Risk Level (NSRL) of 0.88 micrograms per days for vinylidene chloride under Prop 65. The new regulation will take effect on July 1, 2018. What is Vinylidene Chloride?   Vinylidene chloride is used for organic chemical synthesis, according to the Environmental Protection Agency. Some applications for vinylidene chloride include the manufacturing of polyvinylidene…

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In Unprecedented Action, OEHHA Proposes Regulation Preventing Cancer Warnings for Coffee

In an unprecedented action that may prevent the imminent barrage of thousands of Proposition 65 cancer warnings for coffee, the California Office of Environmental Health Hazard Assessment (OEHHA) is proposing a regulation stating that exposures to Proposition 65 listed chemicals in coffee “that are produced as part of and inherent in the processes of roasting coffee beans and brewing coffee pose no significant risk of cancer.” OEHHA will hold a public hearing on this proposed regulation on August 16, 2018 at the Cal/EPA Building in Sacramento. Written public comments on the proposed regulation must be submitted by August 30, 2018.…

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New Warnings for Acrylamide and How They Affect the Coffee Industry

In May 2018, a Los Angeles County Superior Court judge issued a final order ruling that coffee companies are required to provide Proposition 65 warnings to consumers that coffee contains acrylamide, a chemical designated as a Proposition 65 carcinogen in the state of California. The key dispute in the lawsuit was whether exposures to acrylamide occurs at levels requiring Proposition 65 warnings. The court’s final ruling, however, will have a much broader impact on the coffee industry and ancillary businesses. Acrylamide was identified as a carcinogen on the Proposition 65 list in 1990. The chemical forms when plants and grains…

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