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).