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

The Association of Equipment Manufacturers (AEM) appreciates the opportunity to comment on the proposed amendment to Proposition 65. AEM is the U.S.-based trade association representing the off-road equipment industry. Our over 1,000 member companies are involved in the manufacturer of products and services used world-wide in the agricultural, construction, forestry, mining and utility sectors. AEM applauds the well thought out “sell-through” provision to facilitate compliance. This clause greatly reduces the stress on manufacturers as they move to implement the changes in labeling requirements. AEM fully supports the sensible decision for a delayed operative date. This allows businesses necessary time to make changes in their safe harbor warnings. While the 1 year delay after the effective date is appreciated, we do not believe it is sufficient time considering the extent of our supply chains. A 24-30 months delay from the effective date is a more reasonable time for: 1. The deep, diverse and global nature of our supply chain 2. The huge number of part numbers to collect data for 3. Complexity of our products and the extent of our part systems AEM appreciates your consideration in extending the delayed operative date beyond 1 year after the effective date as we strive to meet the requirements so the public can understand potential exposure risks prior to purchase.