The official version of the warning regulations is available on the Westlaw Next website.
For proposed amendments that have not yet been adopted, please click here: https://oehha.ca.gov/proposition-65/notices
RECENT AMENDMENTS:
Cannabis (Marijuana) Smoke and Delta-9-Tetrahydrocannabinol (Delta-9-THC) Exposures Warnings Sections 25607.38 - 25607.47 (effective on October 1, 2022, and includes a one-year phase-in period and an unlimited sell-through provision for products manufactured and labeled with compliant warnings before October 1, 2023)
These amendments address exposures to listed cannabis (marijuana) smoke and delta-9-THC and provide non-mandatory, specific safe harbor exposure warning methods of transmission and content for retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion, or dermal application, and for environmental exposures to cannabis smoke and delta-9-THC at businesses where smoking of cannabis or vaping or dabbing of delta-9-THC occurs.
- Adoption of Regulations
- Initial Statement of Reasons
- First Modified Regulation Text
- Second Modified Regulation Text
- Final Regulatory Text
- Final Statement of Reasons
Glyphosate from Consumer Products Warnings Sections 25607.48 and 25607.49 (effective January 1, 2023)
These amendments provide safe harbor guidance for businesses that cause exposures to glyphosate from consumer products that require a warning.
- Adoption of Regulations
- Initial Statement of Reasons
- Notice of Modification
- Modified Regulatory Text
- Notice of Augmentation
- Final Regulatory Text
- Final Statement of Reasons
Warning Content for Acrylamide Exposures from Food Subsection 25607.2(b) (effective January 1, 2023)
This new subsection addresses warning content for exposures to acrylamide in food by providing an additional non-mandatory, safe harbor warning option for businesses that cause significant exposures to acrylamide in foods.
- Adoption of Regulations
- Initial Statement of Reasons
- Final Regulatory Text
- Final Statement of Reasons
Responsibility to Provide Consumer Product Warnings Section 25600.2 (effective April 1, 2020)
These amendments further clarify the regulatory provision implementing the statutory direction to place the primary obligation for providing a Proposition 65 warning on the product manufacturer, thus minimizing the impact of the warning requirements on the retail seller.
- Notice of Amendment
- Regulatory Text of Amendments
- Initial Statement of Reasons
- Notice of Modification of Text
- Final Statement of Reasons
Rental Vehicle Warnings Sections 25607.36 and 25607.37 (effective October 1, 2019)
This amendment created a tailored warning providing methods and content for safe harbor warnings for exposures that can occur from rental vehicles.
- Notice of Amendment
- Regulatory text of amendments
- Initial Statement of Reasons
- Final Statement of Reasons
Residential Rental Property Warnings Sections 25607.34 and 25607.35 (effective July 1, 2019)
This amendment created a tailored warning providing methods and content for safe harbor warnings for exposures that can occur at residential rental properties.
- Notice of Amendment
- Regulatory text of amendments
- Initial Statement of Reasons
- Notice of Modification of Text
- Final Statement of Reasons
Pesticide Warnings Section 25603 (effective January 1, 2019)
This amendment harmonized the safe harbor warning content requirements for product labels with the Federal Insecticide, Fungicide and Rodenticide Act by allowing alternate signal words for pesticide exposure warnings. This amendment to Section 25603 provides a business the option of using alternative signal words for on-product Proposition 65 safe harbor warnings for pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act.
- Notice of Amendment
- Regulatory text of amendments
- Initial Statement of Reasons
- Final Statement of Reasons
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). 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.
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 of Amendment
- 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 of Amendment
- 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.
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.
