My product contains a listed chemical! What warnings are necessary under the new regimen that is effective August 2018? How do I know if a warning is necessary and how do I comply with the new rules?
Proposition 65 requires businesses to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. Businesses are exempt from the warning requirement if it can be shown that potential exposures are so low as to not create a significant risk of cancer, birth defects or other reproductive harm. California’s Office of Environmental Health Hazard Assessment (“OEHHA”) develops numerical guidance levels, known as “safe harbor numbers”, for determining whether a warning is necessary. Determining anticipated levels of exposure to listed chemicals are product specific which can be complex undertakings; however, an approach relying on specialized analytical testing and methods similar to those established by OEHHA for the Safety Use Determination process can streamline this process. In the event that the safe harbor levels are not met warnings under the new regimen effective August 2018 will be necessary. This tutorial will address exposure assessment methods and assumptions and will also provide practical solutions to complying with the new warnings. These solutions will be addressed through interactive hypotheticals as well as providing real world solutions to inform the decision making process regarding Proposition 65 warnings.
