2020 amendments to Prop 65

There are new 2020 amendments to Prop 65, which go into effect on April 1, 2020. Photo by Bente Whyatt on Unsplash.

Companies now have more clear guidelines for Proposition 65 warnings, thanks to new amendments adopted by the California Office of Environmental Health Hazard Assessment (OEHHA).

Effective April 1, 2020, the amendments to Prop 65 to section 25600.2 of the California Code of Regulations state that any business employing 10 or more people should provide  “clear and reasonable warning” before exposing consumers to any chemicals listed under Proposition 65. 

The new amendment aims to assist both manufacturers and retailers by adding the following modifications: 

  1. It clarifies that “compliance may be met so long as the business to which the authorized agent for a retail seller provides the written notice to is subject to Section 25249.6 of Proposition 65.”
  2. It clarifies that entering into a written agreement is not limited to retail sellers, but that other intermediate parties – businesses to which they are selling or transferring product – may also enter into a written agreement.  
  3. It clarifies that confirmation receipt of the renewed warning notices can be received electronically or in writing.
  4. Businesses can now send written warning notes to the authorized agent of the retail seller or the next business in line, such as a distributer, taking legal possession of the products.

OEHHA is also making other modifications to Section 25600.2(b), (c) and (f) for clarity and consistency. The full regulatory text with the modified language is available on request from the OEHHA Legal Office at monet.vela@oehha.ca.gov or (916) 323-2517.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.