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OEHHA Continues To Consider Revisions to Prop 65 Warning Regulations

As GLO previously reported, the Office of Environmental Health Hazard Assessment released a pre-regulatory draft proposal, for discussion purposes only, substantially revising the Proposition 65 warning regulations. After receiving over 50 comments (with one set of comments signed by almost 140 trade organizations and companies), OEHHA continues to evaluate next steps. OEHHA and Cal/EPA representatives have met with Governor Brown’s advisors to discuss the draft and the comments received.  It is likely that OEHHA will release another document in late 2014. At this time, however, it is unclear whether the next document OEHHA will release will be another pre-regulatory draft for discussion purposes, or a formal rulemaking package. Whatever OEHHA releases, it likely will retain the currently proposed requirement to identify the chemicals being warned for, if they are on the “list of 12” (see Section 25605 of the pre-regulatory proposal)  and the requirement for businesses to submit information about the warnings being provided, for OEHHA to post on its website (see Section 25604).

Stay tuned.

Ms. Grimaldi maintains a diverse environmental law practice focusing on chemical and product regulation and litigation defense. Her practice areas include Proposition 65, California's Safer Consumer Products Regulations, California's Rigid Plastic Packaging Container Act and the federal Toxic Substances Control Act. Ms. Grimaldi graduated from the University of California Hastings College of the Law magna cum laude and holds a Bachelor of Science Degree in Bacteriology from University of California, Davis. Prior to attending law school, she worked as a research assistant in laboratories at the University of California, San Francisco Cancer Research Institute and at the University of California, San Francisco School of Medicine.