California Regulatory Update: Changes to Proposition 65 Clear & Reasonable Warnings
January 2017 Background - What is Proposition 65? . Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to such chemicals. . Proposition 65 requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity. This list is maintained by the Office of Environmental Health Hazard Assessment (OEHHA), an agency operating under the umbrella of the California EPA. . Full list of chemicals can be found at: http://oehha.ca.gov/proposition-65/proposition-65-list. Who might this impact? . Manufacturers – anyone who produces consumer products will need to phase in the new labels and warnings by 2018. . Commercial Property Owners – new warnings for parking structures and designated smoking areas . Industrial Facilities – anyone using and/or storing chemicals known to cause cancer or reproductive harm will need to redesign warnings . Transportation Authorities – Vehicle repair facilities will need to update warnings . Petrochemical Facilities – Updated warnings to be implemented by 2018 What changes are here/coming?
Change Effective Date Details Chemicals Added to List in 2016 April 8, 2016 Abiraterone acetate – reproductive toxicity July 19, 2016 Bromodichloroacetic acid – cancer causing August 5, 2016 1-Bromopropane (1-BP) – cancer causing July 15, 2016 Des-ethyl atrazine (DEA) – reproductive toxicity July 15, 2016 Des-isopropyl atrazine (DIA) – reproductive toxicity July 15, 2016 2,4-Diamino-6-chloro-s-triazine (DACT) - reproductive May 20, 2016 toxicity October 21, 2016 Parathion – cancer causing July 15, 2016 Pentachlorophenol and by-products of its synthesis July 15, 2016 (complex mixture) – cancer causing April 22, 2016 Propazine - reproductive toxicity May 20, 2016 Simazine - reproductive toxicity Styrene – cancer causing Tetrachlorvinphos – cancer causing Additional language - § 25601 Safe August 30, 2018 Where a warning is being provided for more than one Harbor Clear and Reasonable endpoint (cancer and reproductive toxicity), the chemicals Warnings - Methods and Content must be named on the warning for each endpoint. Additional language - § 25603 August 30, 2018 Consumer product label must have symbol and specific Consumer Product Exposure chemical names for each endpoint added. Warnings– Content
Contact: Michelle Campbell, California BSI Practice Leader, [email protected] www.trcsolutions.com
California Regulatory Update: Changes to Proposition 65 Clear & Reasonable Warnings
January 2017 Additional language - § 25604 August 30, 2018 For indoor environments or outdoor spaces with clearly Environmental Exposure Warnings defined entrances, a warning sign posted at all public – Methods of Transmission entrances to the affected area. Specific requirements for font size, conspicuous manner of warning, languages used, and distribution methods. Additional language - § 25605 August 30, 2018 Warning must include symbol and specific chemical names Environmental Exposure Warnings for each endpoint added. Specific language provided for – Content carcinogens and chemicals with reproductive toxicity to be included in warning. New language - § 25607.10 August 30, 2018 A warning for consumer product exposures to wood dust by Raw Wood Product Exposure drilling, sawing, sanding or machining raw wood products Warnings – Methods of will require specific language regarding potential to cause Transmission cancer. New language - § 25607.12 August 30, 2018 Consumer product exposures from furniture will require Furniture Product Exposure specific warning and notification language, font size and list Warnings – Methods of specific chemical names for each endpoint added. Transmission New language - § 25607.14 Diesel August 30, 2018 Consumer product exposure to diesel engine exhaust from Engine Exposure Warnings (Except equipment other than passenger vehicle engines will have Passenger Vehicle Engines) - specific warning label requirements. Warnings will be Methods of Transmission required to meet language and font requirements. New language - § 25607.16 Vehicle August 30, 2018 Warning will be required for exposures that occur during Exposure Warnings – Methods of the operation, service, and maintenance of a “passenger Transmission vehicle”. Warnings will be required to meet language and font requirements. New language - § 25607.20 August 30, 2018 Warning will be required for exposures that occur in an Enclosed Parking Facility Exposure enclosed parking facility. Warnings will be required to meet Warnings – Method of Transmission language and font requirements. New language - § 25607.24 August 30, 2018 Warning will be required for environmental exposures to Petroleum Products Warnings petroleum products from industrial operations and facilities, (Environmental Exposures) – other than from service stations and vehicle repair facilities Methods of Transmission (oil fields, refineries, chemical plants, transport and storage operations, pipelines, marine terminals, tank trucks etc.). Warnings will be required to meet language and font requirements. New language - § 25607.26 Service August 30, 2018 Warning will be required for environmental exposures from Station and Vehicle Repair Facilities service stations. Warnings will be required to meet language Warnings (Environmental and font requirements. Exposures) – Methods of Transmission
Contact: Michelle Campbell, California BSI Practice Leader, [email protected] www.trcsolutions.com
California Regulatory Update: Changes to Proposition 65 Clear & Reasonable Warnings
January 2017 New language - § 25607.28 August 30, 2018 Warning will be required for environmental exposures from Designated Smoking Area Exposure a designated smoking area. Warnings will be required to Warnings (Environmental meet language and font requirements. Exposures) – Method of Transmission New language - § 25607.30 August 30, 2018 Specific consumer product labeling and warning will be Responsibility to Provide Warnings required for manufacturer, producer, packager, importer or for Exposure to Bisphenol A from distributor. Canned and Bottled Foods and Beverages
Example of current warning: Example of warning to be implemented by 2018:
Contact: Michelle Campbell, California BSI Practice Leader, [email protected] www.trcsolutions.com