Information Express | OEHHA intends to revise California 65 short warning sign

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued an announcement to revise the California 65 short warning label. The review will begin on December 17, 2021 and end on January 14, 2022. OEHHA recommends that the public submit written comments electronically, and all comments will be posted on the OEHHA website at the end of the public comment period.

On January 8, 2021, OEHHA issued a proposal to revise the relevant content of the short warning label. Among them, the content of the short warning label to be revised includes:

1. A clear and brief warning can only be used when the product label area is less than or equal to 5 square inches, and the shape or size of the package cannot accommodate the detailed warning;

2. Add substance information in the short warning.

The proposed revisions this time are mainly based on the relevant comments received during the last proposed revision review period, and corresponding adjustments have been made. Compared with the last proposed revision content, the proposed revisions are updated as follows:

1. The maximum label size of the short warning to be revised last time has been increased from 5 square inches to 12 square inches, and the requirements for use only when the shape or size of the package cannot accommodate the detailed warning remain unchanged.

2. It is allowed to use short warnings in online sales and catalog sales, and this permission condition was cancelled in the last proposed revision;

3. Provide additional signal words: "CA WARNING" or "CALIFORNIA WARNING";

4. Provide additional warning language options;

5. Make subtle clarifications on the wording of the warning.

Examples of the contents of the current short warning signs in California 65 are as follows:

For general consumer products, the short warning label to be revised is as follows:

Summary of 65 Frequently Asked Questions About California

What is California 65?

◆ English name: Proposition 65, referred to as CA65

◆ Chinese name: Proposal of the State of California on Increasing Concerns about Contactable Toxic Chemical Substances

◆ Chinese interpretation: The 1986 guidelines for the safe use of water and toxic substances prohibition, namely the "California Safe Drinking Water and Toxic Substances Enforcement Act of 1986". It is codified and included in the California Health and Safety Code of Chapters 25249.5~25249.13.

◆ Effective date: November 1986

What are the control requirements for California 65?

1. It is forbidden to quote water pollution: no one shall intentionally discharge or release substances known to California as carcinogenic or reproductively toxic into water sources or put into land or land that may pollute water sources.

2. Warning requirements: Any company (companies with no more than 9 employees are exempt) must issue a warning to the public before it "known and intentionally" exposes the public to the listed substances. OEHHA has issued safe harbor levels (the exposure levels required to trigger warnings) for some substances in the LIST. When the substance exposure is greater than this level, the company should provide a California 65 warning. After a certain chemical substance is included in the list, manufacturers and distributors must complete the implementation of the warning within one year and terminate the discharge of the chemical substance to the drinking water source within 20 months. After this date, government or individual law enforcement agencies, including individuals or organizations that represent the public interest, can initiate lawsuits against violators. The warning requirements must be “clear and reasonable” and can take many forms. When a chemical substance is included in the list, the company must complete the warning requirement within 12 months.

What are the substances regulated by California 65? Are there any content control limits for the substances in the California 65 Hazardous Substance List?

The California 65 Control List was first published in 1987 and updated at least once a year. So far, this list has included more than 970 substances. No, California Act 65 does not set a limit for the list of substances in a certain type of product. Because the concentration of the substance is not the only factor that determines whether there will be an exposure risk, the limit is not sufficient to determine whether a warning is required.

Does California 65 apply to all products?

Yes, it applies to all consumer products sold in the California market, whether it is adult or children's products.

Do electrical and electronic products sold on the California market need to control all the substances in the California 65 Hazardous Substance List? How should the product meet the requirements of California 65?

Yes, but since there are nearly a thousand substances in the current list, it is not realistic to test all of them. Supply chain surveys are an effective means of management and control. If supply chain surveys cannot be conducted, ZRLK recommends that companies combine their own products to find the corresponding In the case of, investigate the hazardous substance content of your own products to determine whether it meets the requirements of the hazardous substance limit in the lawsuit. If it exceeds the limit in the case, it is recommended that the company post a warning label. If there is no relevant case, it is recommended to control substances with a higher risk of litigation.

ZRLK testing can provide California 65 testing and certification services for our customers. If you want to know more about California 65 requirements or have products that need to apply for California 65 testing and certification, please feel free to contact us, our engineers will be the first time at your service!