California pauses proposal to change Prop 65 labels

The California Office of Environmental Health Hazard Assessment (OEHHA) announced last week it was unable to complete the regulatory process for its proposal to change the Proposition 65 (Prop 65) short-form warning requirements. California OEHHA’s proposal to the short-form warning requirements changes would require any company using short-form warnings to revise their Prop 65 compliance plans, including labeling and marketing materials.

In its announcement, OEHHA notes it intends to restart the rulemaking process on the short-form warning in the coming months.

OEHHA started the rulemaking process in January 2021, and subsequently proposed several amendments to its original proposal of changing the short-form warning. Throughout the process, NMMA has submitted public comments, partnered with stakeholders, and met several times with OEHHA to discuss the agency’s proposal and the impact it would have on the marine industry.

In its recommendations, NMMA proposed that OEHHA should withdraw its proposed changes to the short-form warning requirements in the absence of reasonable alternatives or a more targeted approach for marine products.

NMMA said it will continue to monitor the regulatory process and meet directly with OEHHA to highlight the logistical complexity and financial impact this would have on the marine industry and other industries.