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OEHHA Finalizes Safe Harbor Warning Regulations for Rental Vehicles

On July 1, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized regulations for safe harbor warnings for rental vehicles. These regulations are codified at Title 27, California Code of Regulations, Sections 25607.36 and 25607.37, and go into effect on October 1, 2019.

Under these safe harbor warning regulations, warnings for exposures to listed chemicals from rental vehicles must be transmitted by one or more of the following methods:

  • Printed in the rental agreement or on the rental ticket jacket.
  • Provided on a hang tag which is hung from the rear-view mirror in the rental vehicle.
  • Provided on a sign, in no smaller than 22-point type size, that is posted at the counter or similar area of the rental facility where rental transactions occur, where it will be likely to be seen, read, and understood by the renter during the process of renting the vehicle.
  • Provided in an electronic rental contract.
  • Provided in a confirmation email that is sent to the renter’s email address.
  • Provided through a clearly marked hyperlink using the word “WARNING” on the on-line reservation page, or by otherwise prominently displaying the warning to the renter prior to completing the on-line reservation.

The warning text, set forth below, must be in a font size no smaller than the largest font size used for other “consumer information,” as that term is defined in Title 27, California Code of Regulations, Section 25600.1(c), and in no event smaller than 6-point font.

The required warning text must include the new warning symbol, the word “WARNING” in bold all caps followed by a bold colon, and the following text: “Operating a motor vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, and assure adequate ventilation inside the car. For more information go to www.P65Warnings.ca.gov/passenger-vehicle.”

In lieu of the above requirements, a business providing a warning for rental vehicles may use the safe harbor warnings for vehicle exposures codified at Title 27, California Code of Regulations, Sections 25607.16 and 25607.17.

Compliance with the safe harbor warning regulations is not mandatory. Rather, the requirement is to provide “clear and reasonable” warnings for exposures to Proposition 65 chemicals. However, safe harbor warnings are automatically deemed clear and reasonable, and therefore adherence to the safe harbor regulations is strongly encouraged.

Grimaldi Law Offices has been advising clients for over 20 years on chemical and product regulation. For knowledgeable advice and in-depth analysis on your chemical regulatory compliance obligations, contact Grimaldi Law Offices at (415) 463-5186 or email us at [email protected].

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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.