California Drops Revisions to Prop 65 Short-Form Warning

May 23, 2022

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.

OEHHA declared that it was unable to complete the rulemaking that would revise the Short Form Warnings within the statutorily required timelines, and therefore halted work on that rulemaking and allowed it to lapse. However, OEHHA stated that it does intend to renew its efforts on revising the Short-Form Warning language and requirements in the next several weeks.

ISSA joined more than 80 California-based, as well as national organizations and businesses in calling on OEHHA to withdraw its rulemaking that would revise the Short-Form Warnings.

ISSA will continue to keep its members apprised on this issue. For questions regarding the Prop 65 Short-Form Warning, please contact ISSA General Counsel Bill Balek.