Update on California Prop 65 Changes
I have some GOOD NEWS for manufacturers, suppliers, distributors and retailers!
Example of a California Prop 65 Label
And it’s all about California Prop 65!
I know that Prop 65 and good news do not often appear together in the same article, so enjoy it while you can!
OEHHA (California’s Office of Environmental Health Hazard Assessment) has decided NOT to pursue updating the Prop 65 labeling requirements! At least, for now.
While Prop 65 has been around since 1986, the Prop 65 label requirements became a burden to the supply chain community in 2016, when the label requirements were mandated for any products sold in California that contained certain substances considered to be a health threat.
From manufacturers all the way to retailers, companies had to make sure their products were checked, and the proper labeling was applied both on the product AND on websites displaying the product. Penalties for violation can be as high as $2,500 per violation per day. A violation can include sale or stock of each product.
In 2021, OEHHA wanted to amend the label requirements to be more explicit in the warning and to be more visible. Some of the changes included:
- Changing the size of the label on packaging to be larger
- Changing the font on the label to be larger
- Dictate the placement of the label on the package and website
- Specify the complete list of harmful substances in the label warning
- Enforce “overuse” penalties where Prop 65 labels are applied regardless of the substances
If the new changes went into effect, companies would have 2 years to adjust their labels both on the product packaging and digitally. The expense to make these changes would devastate the already overburdened supply chain community.
Thankfully, after many public comments and concerns were raised, OEHHA has allowed the rulemaking process to expire as of their announcement on May 20, 2022.
So, we can all breathe a sigh of relief! For now…
OEHHA does intend to revise its proposal and again present it for public review and comment soon – possibly within the next month.
To stay on top of the latest regulatory news and updates for Prop 65, please visit https://oehha.ca.gov/proposition-65 or watch for more updates from Strobel Professional Services!
