Notice of Modification to Text of Proposed Regulation Title 27, California Code of Regulations Proposed Amendment to Section 25600.2 Responsibility to Provide Consumer Product Exposure Warnings
As required by Government Code section 11346.8(c), and Title 1, section 44 of the California Code of Regulations, the Office of Environmental Health Hazard Assessment (OEHHA) is providing notice of changes to the proposed regulatory action to amend Section 25600.2 of Title 27 of the California Code of Regulations. Section 25600.2 addresses the responsibility to provide consumer product exposure warnings for chemicals listed under Proposition 65.
The proposed regulation was originally the subject of a Notice of Proposed Rulemaking published on November 16, 2018, in the California Regulatory Notice Register (Register No. Z2018-1106-08), which initiated a 45-day public comment period. A public hearing was held on January 3, 2019, where OEHHA received oral comments from two commenters. Seven written comments were received during the extended comment period that closed on January 11, 2019.
After carefully reviewing the comments received, OEHHA has modified the proposed regulation in Section 25600.2(b) to clarify that compliance may be met so long as the business to which the authorized agent for a retail seller provides the written notice to is subject to Section 25249.6 of Proposition 65. In addition, OEHHA has modified Section 25600.2(i) to clarify that entering into a written agreement is not limited to retail sellers, but that other intermediate parties – businesses to which they are selling or transferring product – may also enter into a written agreement. OEHHA is also making other modifications to Section 25600.2(b), (c) and (f) for clarity and consistency.
The full regulatory text with the modified language provided in double underline and double strikeout format is available on request from Monet Vela in the OEHHA Legal Office at monet.vela@oehha.ca.gov or (916) 323-2517.
OEHHA is requesting comments on the modifications to the regulatory text. In order to be considered, OEHHA must receive comments by October 21, 2019, which is the designated close of the comment period. All comments will be posted on the OEHHA website at the close of the public comment period.
Comments may be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submitted in paper form can be submitted by mail, fax, or hand-delivered to the address below.
Monet Vela
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor
P. O. Box 4010
Sacramento, California 95812-4010
Telephone: 916-323-2517
Fax: 916-323-2610
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 available to third parties.
