(CLOSED) Comments on Original Proposal for Amendments to Regulations Clear and Reasonable Warnings, Safe Harbor Methods and Content California Code of Regulations

These proposed amendments will do little to improve customer understanding of the Prop 65 Warning. The change in requirements will only result in increase waste of labels as companies try to keep up with these ever changing requirements - and with changing compositions of raw material sources. The change in requirements will also result in increased cost to manufacturers as they try to implement the changes. The label redesign process is expensive and lengthy and involves input from many different parties - including marketing, regulatory, purchasing, and customer. Many hours are spent on the process and there is cost to label designers (as well as the cost of preprinted label waste mentioned above). The inclusion of a chemical name (such as α-Methyl styrene (alpha-Methylstyrene)) does little to explain how a customer is exposed to the chemical. It would be far more effective for OEHHA to focus on establishing more MADL or NSRL, providing guidance on determining exposure, or providing more protection for manufacturers against frivolous lawsuits. Manufacturers label for Prop 65 because determination of exposure is difficult - particularly when there is no established limit. Is the average case considered? Or the extreme case that one may not be able to calculate due to lack of established values? Consider for example a cleaning product that the average customer may use one time a week. There is also the case of the professional that may use the same product multiple times a day, seven days a week without wearing appropriate PPE. Finally, if OEHHA proceeds with passing this new amendment, they should consider an exemption for products for formulated products which are covered by FHSA, CPSC and OSHA 1910.1200. Under these regulations products are thoroughly reviewed for health and safety concerns. Much information is required by these regulations either on the label or via the SDS which provides a great deal of information on exposure and hazards.