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Read the Label: Prop 65 Roundup

Prop 65 Counsel: What To Know
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Modifications to Proposition 65 Short-Form Warnings on Pause – New Regulatory Proposal to Come

The National Law Review - Authored by ArentFox Schiff 
On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65 short-form warnings to lapse because OEHHA was unable to complete the rulemaking process in the permitted time under California law. OEHHA has stated that it intends to restart the rulemaking process on the short-form warnings with a new regulatory proposal in the next several weeks.  

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California Discontinues Prop 65 Short-Form Warning Revisions

ISSA
The proposed rulemaking to amend the Short-Form Proposition 65 warnings has been discontinued for now by the California Office of Environmental Health Hazard Assessment (OEHHA), with a promise to renew its efforts in the “next several weeks.” The proposed rulemaking was opposed by ISSA, the California Chamber of Commerce, and numerous other industry groups because it would have drastically altered the Short-Form Warning safe harbor language that was enacted just a few years ago and widely adopted by industry.

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OEHHA Notices

May 2022 Status Update for Clear and Reasonable Warnings - Short Form: Completion of Proposed Rulemaking

The proposed rulemaking to amend the regulation related to short-form Proposition 65 warnings was initially noticed in the California Regulatory Notice Register (CRNR) in January 2021 (Register No. Z2020-1229-01). Under the Administrative Procedure Act (APA), a rulemaking must be completed within one-year of the date it was first noticed to the public.[1] The one-year period was temporarily extended by an Executive Order due to the COVID-19 pandemic.[2] However, even with the additional time provided under the Governor’s Executive Orders, OEHHA was unable to complete the regulatory process within the allotted time. OEHHA has allowed the rulemaking to lapse as provided for under the APA.[3] OEHHA intends to restart the rulemaking process on the short-form with a new regulatory proposal, informed by comments on the previous proposal, in the next several weeks. Public notice and an opportunity to comment on that proposal will be provided.

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Notice of 2nd Modifications to Proposed Text Cannabis (Marijuana) Smoke and Delta-9-Tetrahydrocannabinol (Delta-9-THC) Exposure Warnings

The Office of Environmental Health Hazard Assessment (OEHHA) is providing notice of modifications made to previously proposed amendments, Title 27, California Code of Regulations, new Sections 25607.38 – 25607.47. It is providing this notice pursuant to Government Code sections 11346.8(c) and 11347.1(b), and Title 1, California Code of Regulations, section 44.

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