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Proposition 65 Clear and Reasonable Warnings (November 2016)

Proposition 65 requires companies to provide “clear and reasonable” warnings to the public before exposing them to a listed chemical known to the state to cause cancer or reproductive toxicity. The Office of Environmental Health Hazard Assessment (OEHHA) is making changes to Article 6, Clear and Reasonable Warnings, of the California Code of Regulations to refine warning requirements to improve the communication of risks to consumers and modernize laws to align with health-related research.

A warning, which may come in the form of a sign, label, or shelf tag, meets the new Safe Harbor standards if it includes all the following elements:

  • The word “WARNING” in all capital letters and bold print, followed by a brief description disclosing the type of hazard being exposed. The description will vary with respect to exposure.
  • A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. In cases where the symbol is not yellow, it may be printed in black and white. The symbol should be placed to the left of the text of the warning, and should be at least as large as the word “WARNING”.

A warning printed on a product is acceptable when it includes all of the following elements:

  • The word “WARNING” in all capital letters and bold print, followed by a brief description disclosing the type of hazard being exposed. The description will vary with respect to exposure.
  • A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. In cases where the symbol is not yellow, it may be printed in black and white. The symbol should be placed to the left of the text of the warning, and should be at least as large as the word “WARNING”.
  • A person or company providing an on-product warning is not required to include the name or names of a listed chemical in the text of the warning.

The regulation will go into effect on August 30, 2018.

How TSG Can Help

With the nation’s leading practice in Proposition 65 compliance, TSG’s scientists use their strong backgrounds in biochemistry, toxicology, and environmental studies to determine whether or not a chemical product adheres to Prop 65’s regulatory guidelines. For further assistance, please contact TSG by email at info@tsgusa.com or by phone at 1-530-757-1245.

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