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Notice of Public Workshop Title 27, California Code of Regulations Proposition 65 Potential Amendments to Article 6 Clear and Reasonable Warnings

On April 14, 2014, the Office of Environmental Health Hazard Assessment (OEHHA) will hold a public workshop for the purpose of discussing a possible regulatory action to change the existing regulation governing Proposition 651 warnings.  If a regulation is eventually adopted, it would replace the existing OEHHA regulation.  A potential draft regulation and a potential draft Initial Statement of Reasons are available for public review on OEHHA’s web site.  It is OEHHA’s intent to make Proposition 65 warnings more informative and meaningful while providing certainty for businesses on the content and methods for providing warnings.

The workshop will take place on April 14th, 2014 from 10:00 a.m. to 2:00 p.m. in the Sierra Hearing Room at the Cal/EPA Headquarters Building, 1001 I Street, Sacramento, CA.  The workshop will be webcast.  The URL for the webcast is: http://calepa.ca.gov/Broadcast/.

PLEASE NOTE: This is a pre-regulatory proposal.  The potential regulation may change substantially prior to the eventual initiation of a formal regulatory proceeding.  If OEHHA decides to formally propose changes to Section 25601, additional opportunities for public input will be provided during the formal process.

Background

OEHHA is the lead agency for implementation of Proposition 65.  As part of its responsibilities, OEHHA administers the regulations implementing the Act.  These regulations can be found in Title 27 of the California Code of Regulations, sections 25102 through 27001.  The existing regulations concerning clear and reasonable warnings are codified in Article 6, section 25601, et seq.

OEHHA held a pre-regulatory workshop on July 30, 2013, for the purpose of gathering input from interested parties on potential changes to the existing regulation that would make Proposition 65 warnings more informative and meaningful.  Written comments were received and posted on OEHHA’s website.

Potential Regulation

OEHHA carefully considered the public comments and developed a potential draft regulation and a potential draft Initial Statement of Reasons.  These two documents should be considered together as the Statement of Reasons explains the purpose and intent of the proposal.  OEHHA is seeking public input concerning this potential regulation.

Written Comments

The public is encouraged to submit written comments via e-mail, rather than in paper form.  Send e-mail comments to P65Public.Comments@oehha.ca.gov.  Please include “P65 Warning Regulation” in the subject line.  Hard-copy comments may be mailed, faxed, or delivered in person to the appropriate address below.

Monet Vela
Office of Environmental Health Hazard Assessment
P. O. Box 4010
Sacramento, California 95812-4010
Telephone: 916-323-2517
Fax:  916-323-2610
E-mail: P65Public.Comments@oehha.ca.gov

Written comments concerning this proposed action, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on May 14, 2014 June 13, 2014, the designated close of the written comment period, in order to be considered during this pre-regulatory phase of the process.  All comments received will be posted on the OEHHA website at the close of the public comment period.

Please be aware that OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request.  If you provide comments, please be aware that your name, address and e-mail may be provided to third parties upon request.

Special Accommodations

If you have special accommodations or language needs for the April 14 workshop, please contact Monet Vela at (916) 323-2517, or by e-mail at monet.vela@oehha.ca.gov, or by mail to OEHHA, P.O. Box 4010, Sacramento, California 95812-4010.  Fran Kammerer is a back-up contact person for inquiries concerning this workshop and is available at (916) 445-4693 or fran.kammerer@oehha.ca.gov.

Downloads

Footnotes and References

1 Health and Safety Code sections 25249.5 et seq., The Safe Drinking Water and Toxics Enforcement Act of 1986, a voter initiative commonly known as Proposition 65.  Current regulations can be found in Title 27, Cal. Code Regs., section 25601 et seq.