Proposition 65: Small Labels Could Cause Big Problems

Proposition 65: Small Labels Could Cause Big Problems

Amendments could be coming for California Safe Drinking Water and Toxic Enforcement Act (better known as Proposition 65) short-form labeling provisions, after changes to requirements for both short and long-form warnings took effect in August.

Though there were no published package size restrictions, the original intent of the short-form warning labels was to provide an option for small packages that have limited label space. However, the Office of Environmental Health Hazard Assessment (OEHHA) may choose to reevaluate if companies are taking advantage of this and placing short-form labels on large packages. The organization may also consider action against companies with unsubstantiated use of the short-form warning.

The OEHHA told Assent Compliance it is monitoring the use of short-form warnings on packages to determine whether restrictions are needed. If so, proposals for amendments would likely take place sometime in 2019, according to the OEHHA.

The OEHHA is planning to send out inquiry letters under Title 27, Cal. Code of Regs., section 25205(b) to request information surrounding products with the short-form label, including the product manufacturer’s contact information, the label provider’s contact information, the names of listed chemicals for which a warning is being provided, and chemical location(s) and concentration.

Anyone who receives an inquiry letter will have 90 days to respond with the requested information.

Companies that use short-form warnings need to be aware that product size restrictions could be introduced, and that they must collect third-party supplier documentation in order to support label information.

Assent’s Product Compliance Suite helps companies collect and manage their Proposition 65 supply chain data. To learn how our solution can streamline your data management efforts and simplify reporting, email