Notice of Amendment to Article 6, Clear and Reasonable Warnings Adoption of Sections 25607.32 AND 25607.33, Hotel Exposure Warnings

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On October 30, 2017, the Office of Administrative Law approved amendments to Title 27, California Code of Regulations, Article 6, Clear and Reasonable Warnings. This action adopts two new sections to provide hotels and other transient lodging facilities with specific safe harbor methods of transmission and  content for warnings deemed to be compliant with the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65[1]).

The amendments were approved by the Office of Administrative Law on October 30, 2017 and will become operative on August 30, 2018.  Pursuant to Title 27, Cal. Code of Regs., section 25600(b), hotels and other transient lodging facilities may opt to provide safe harbor warnings using the methods and content provided in Sections 25607.32 and 25607.33, or continue to use their existing warnings during the phase-in period for the new warning regulations.[2] After August 30, 2018, all hotels and other transient lodging facilities that wish to take advantage of the safe harbor provisions of the regulations will need to use the warning methods and content in these new sections. [3]

The regulatory text and the supporting rulemaking documents are available at the following links:

Notice of Proposed Rulemaking

Initial Statement of Reasons

Final Statement of Reasons

Final Adopted Regulatory Text

Please direct questions regarding this regulatory action to Monet Vela, at monet.vela@oehha.ca.gov or (916) 323-2517, or Mario Fernandez, at mario.fernandez@oehha.ca.gov or (916) 323-2635.

Footnotes and References

[1] Health and Safety Code section 25249.5 et seq.

[2] Title 27, Cal. Code of Regs., section 25600 (b)

[3] For additional information regarding the August 2016 Article 6 Clear and Reasonable Warnings amendments see “Questions and Answers for Businesses”, available at https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa.pdf