Comment Submissions - Notice of Proposed Rulemaking: Amendments to Article 6, Clear and Reasonable Warnings Short-form Warnings

Dear Ms. Vela: As a member of the recreational marine community, our industry is committed to protecting our consumers, employees, and the environment. The current Proposition 65 short-form requirements deliver an appropriate level of warning, providing sufficient protection to human health and safety. Without providing reasonable alternatives or a more targeted regulatory approach, the Office of Environmental Health Hazard Assessment (OEHHA) should withdraw the proposed changes to amend Proposition 65 short-form warning requirements. I support the continued use of the short-form warning which currently provides a reasonable warning for recreational marine products that are sold in catalogs, online, and marine retail stores. The proposed changes would do the opposite, causing public confusion, harming innovation, and increasing opportunities for private enforcers to file frivolous lawsuits against marine manufacturers and small businesses. Recreational marine businesses have invested significant financial resources to revamp their Proposition 65 compliance plans to ensure they were compliant with the new requirements finalized in 2018. Now, every marine business using short-form warnings will be compelled to change their Proposition 65 warning label programs to comply with the proposed new requirements. The recreational marine industry remains dedicated to protecting consumers and our environment. If OEHHA has identified specific products for which the current short-form warning requirements are not sufficient, those specific products and/or product sectors should be addressed. Without providing reasonable alternatives or a more targeted regulatory approach, the OEHHA should withdraw the proposed changes to amend Proposition 65 short-form warning requirements.