P65 Warning - Notification Clarification

The California Office of Environmental Health Hazard Assessment (OEHHA) recently approved amendments of Title 27, California Code of Regulations, section 25600.2 (California Proposition 65 – p65 warning), Responsibility to Provide Consumer Product Exposure Warnings.

The amendments to section 25600.2, effective as of April 1st, 2020, are the following:

Amendments to Subsection b) of P65 Warning Act

Firstly, to discharge their duties, manufacturers, producers, packagers, importers, suppliers, or distributors providing written notice and warning materials directly to retailers must send the information either to:

Designated authorized agents of the entity to which they are transferring/selling the product (the business line next in the supply chain); or
Ultimate retailers located in California.

In addition, ”The written notice shall:

State that the product may result in an exposure to one or more listed chemicals;
Include the exact name or description of the product or specific identifying information for the product such as a Universal Product Code or other identifying designation;
Include all necessary warning materials such as labels, labeling, shelf signs or tags, and warning language for products sold on the internet, that satisfies Section 25249.6 of the Act; and
Be renewed annually during the period in which the product is sold in California by a retail seller.”

Amendments to Subsection c) of P65 Warning Act

The authorized agent that received a notice from a manufacturer, producer, packager, importer, supplier, or distributor, as per subsection b), must confirm their receipt of that notice, either electronically or through writing.
The manufacturer, producer, packager, importer, supplier, or distributor may give the notice to the legal agent if a business has not appointed an authorized agent.
Finally, a notice is also required within 90 days whenever a warning includes a different or additional chemical.

What is the OEHHA?

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency in California, USA, that assesses health risks due to hazardous substances in the environment. Fundamentally, its mission is to protect the safety of Californians through regulations backed by scientific studies.

Key Activities of the OEHHA

Implementing of P65 Warning obligations
Maintaining a list of substances that may cause cancer or complications with reproduction
Developing exposure levels of air, water, and soil contaminants
Working on fish advisories and making recommendations for fishing safety and closures following marine oil spills
Measuring the chemical levels present in the population (Biomonitoring California program) in collaboration with the California Department of Toxic Substances Control and the Department of Public Health
Pioneering an environmental health screening tool to evaluate the economic and health impacts of pollutants on the state population
Identifying and analyzing climate change indicators in California

Contributing to research by giving scientific peer review to pesticide risk assessments
Working with the Department of Pesticide Regulations to create regulations on worker health and safety around pesticides
Training physicians to recognize illnesses caused by pesticide exposure
Collaborating with the California Department of Food and Agriculture to fight invasive species by informing the public about their well-being surrounding pesticides