Proposition 65 Warning Regulations and Recent Amendments

The official version of the warning regulations is available on the Westlaw Next website.

 

Side-by-Side Comparison of September 2008 regulations (effective until August 2018) and August 2018 regulations (Effective August 30, 2018).

 

For proposed amendments that have not yet been adopted click here: https://oehha.ca.gov/proposition-65/notices

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RECENT AMENDMENTS:

Repeal of Temporary BPA Warnings for canned and bottled foods and beverages (Section 25603.3, subsections (f) and (g)) (effective January 2, 2018); Repeal of BPA Warnings for canned and bottled foods and beverages Sections 25607.30 and 25607.31) (effective July 1, 2017). NOTE:  The temporary regulation providing for point-of-sale warnings for BPA in canned and bottled foods and beverages became inoperative after December 30, 2017.  The earlier emergency regulation in Sections 25607.30 and 25607.31 providing for point-of-sale warnings for BPA in canned and bottled foods was repealed effective July 1, 2017.  The BPA warning regulations in Sections 25603.3, 25607.30 and 25607.31 are therefore no longer available as safe harbor methods or content for providing warnings for these exposures and have been repealed.  See Sections 25602 and 25603 for currently available safe harbor consumer product warning methods and contents.

• Notice
• Repealed Regulatory text
• Final Statement of Reasons

General changes to Article 6 (effective November 20, 2017) These changes consist primarily of minor clean-up changes to address clarity issues following the adoption of the 2016 version of the regulations.

• Notice
• Regulatory text of amendments
• Initial Statement of Reasons
• Final Statement of Reasons

Hotel Warnings (effective October 30, 2017)

This amendment created a tailored warning providing methods and content for safe-harbor warnings provided by hotels and other transient lodging facilities.

• Notice
• Regulatory text of amendments
• Initial Statement of Reasons
• Final Statement of Reasons

Minor (non-substantive) changes to Article 6 warning regulations (effective January 9, 2017)

This amendment contains non-substantive changes to correct minor errors and omissions in the 2016 warning regulations.

• Notice
• Regulatory text of changes

New Article 6 warning regulations (effective August 30, 2016)

The August 2016 regulations that provide for methods and content for safe-harbor Proposition 65 warnings and that provide regulatory guidance for manufacturers, retailers and other businesses for providing Proposition 65.   These regulations as amended in 2017 and 2018 will supersede the 2008 warning regulation on August 30, 2018.

• Notice
• Regulatory text
• Initial Statement of Reasons
• Final Statement of Reasons
• Supplement to the Final Statement of Reasons