On The Horizon: Revisions To Prop 65 Warning Regulations

Law360, New York (August 31, 2016, 1:22 PM EDT) -- For nearly a year, the Office of Environmental Health Hazard Assessment (OEHHA) has been working on a complete overhaul of the regulations governing the warning requirements under the Safe Drinking Water and Toxic Enforcement Act of 1986, colloquially known as Proposition 65 and codified at California Health & Safety Code Section 25249.5 et seq. Proposition 65 broadly requires that people in the course of doing business provide a warning prior to creating an exposure to any one of more than 900 chemicals that have been determined by the state of California to cause cancer and/or reproductive toxicity. If a person doing business within the meaning of the law creates such an exposure without giving a warning, he or she may be subject to fines, civil penalties and injunctive relief. Cal. Health & Saf. Code § 25249.6....

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