May 2022 Status Update for Clear and Reasonable Warnings - Short Form: Completion of Proposed Rulemaking

The proposed rulemaking to amend the regulation related to short-form Proposition 65 warnings was initially noticed in the California Regulatory Notice Register (CRNR) in January 2021 (Register No. Z2020-1229-01). Under the Administrative Procedure Act (APA), a rulemaking must be completed within one-year of the date it was first noticed to the public.^[1] The one-year period was temporarily extended by an Executive Order due to the COVID-19 pandemic.^[2] However, even with the additional time provided under the Governor’s Executive Orders, OEHHA was unable to complete the regulatory process within the allotted time. OEHHA has allowed the rulemaking to lapse as provided for under the APA.^[3] OEHHA intends to restart the rulemaking process on the short-form with a new regulatory proposal, informed by comments on the previous proposal, in the next several weeks. Public notice and an opportunity to comment on that proposal will be provided.

History

The Notice of Proposed Rulemaking was published on January 8, 2021, in the CRNR (Register No. Z2020-1229-01). It noticed proposed amendments to sections covering the short-form in California Code of Regulations, Title 27, sections 25601 (Safe Harbor Clear and Reasonable Warnings – Method and Content), 25602 (Consumer Product Exposure Warnings – Methods of Transmission), 25603 (Consumer Product Exposure Warnings – Content), and 25607.2 (Food Exposure Warnings – Methods of Transmission). The notice initiated a comment period that was extended and closed on March 29, 2021. A public hearing was held on March 11, 2021, where OEHHA received 21 oral comments. Written comments were submitted from 162 individuals or organizations. After considering public comments, a Notice of Modification of Text was published in the CRNR (Register 2021, Number 51-Z) on December 17, 2021. This initiated a public comment period that was extended and closed on January 21, 2022. After reviewing the comments on the first modifications, OEHHA further modified the proposed regulatory text and released it for public comment on April 5, 2022. The comment period closed on April 20, 2022. OEHHA appreciates the comments received during the three comment periods. As noted above, these comments will inform the new regulatory proposal. Documents and related notices released during this rulemaking can be found in the downloads section of this webpage.