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ISSA Opposes California’s Short Form Rulemaking

ISSA joined more than 80 California-based, as well as national organizations and businesses in requesting that the Office of Environmental Health Hazard Assessment’s (OEHHA) Modification of Text Title 27, California Code of regulations Proposed Amendments to Article 6 Clear and Reasonable Warnings – Short Form dated December 17. 2021 (Modified Proposed Rulemaking) be withdrawn.

In comments to OEHHA, the signatories raised concerns regarding the need and timing of the proposed regulation in “the midst of a continuing public health emergency, emergency order(s) and significant challenges facing the supply chain.” According to the signatories, the multi-year stakeholder process that resulted in a substantial update to the “warning regulations” should “remain in place and unencumbered. Businesses invested significant time and capital to overhaul their Prop 65 warning programs to bring them into compliance with the newly adopted regulations that only became effective in 2018. The 2018 regulations should not be changed.”

The comment letter goes on to state that OEHHA’s proposed changes in the Modified Proposed Rulemaking will “create substantial confusion for businesses and consumers alike and present new avenues of litigation for bounty hunters that will represent a setback for Prop 65 administration, not a step forward.”

While the signatories objected to the need for the rulemaking and strongly recommended it be tabled, especially during the ongoing emergency orders relative to COVID-19, they also offered comments specific to the Modified Proposed Rulemaking related to such issues as the length of time required to achieve compliance, the “insufficient” warning label size limitation, and the potential for “significant litigation.”

In March 2021, Bill Balek, ISSA’s General Counsel submitted comments on the subject on behalf of its members to highlight the specific issues the cleaning industry has with the rule.

ISSA will continue to monitor and advocate for its members and the cleaning industry on this issue. For questions about the Modified Proposed Rulemaking, please contact ISSA Director of Government Affairs John Nothdurft.