Title 27, California Code of Regulations Notice of Amendments to Article 6, Clear and Reasonable Warnings

On November 20, 2017, the Office of Administrative Law approved amendments to Title 27, California Code of Regulations, Article 6, Clear and Reasonable Warnings. This action amends certain provisions of the regulations identified below.   

The amendments were approved by the Office of Administrative Law on November 20, 2017 and will become operative on August 30, 2018. In the interim, pursuant to Title 27, Cal. Code of Regs., section 25600(b), businesses may opt to provide safe harbor warnings using the new methods and content provided in Article 6 as amended,[1]  or continue to use their existing warnings during the phase-in period. After August 30, 2018, all businesses 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.

Amended sections: 

  • Section 25600.1. Definitions:  subsections (b), (i), (j), and (m)
  • Section 25600.2. Responsibility to Provide Consumer Product Exposure Warnings: subsections (b), (b)(4), (c), and (c)(1)
  • Section 25601. Safe Harbor Clear and Reasonable Warnings – Methods and Content: subsection (c)
  • Section 25602. Consumer Product Exposure Warnings – Methods of Transmission: subsections (a)(3), (a)(4), (b), (c), and (d)
  • Section 25603. Consumer Product Exposure Warnings – Content: subsections (a)(2)(E), (b), (b)(2)(A-C), and (c)
  • Section 25607. Specific Product, Chemical and Area Exposure Warnings: subsections (a) and (b)
  • Section 25607.2. Food Exposure Warnings – Content: subsection (a)(6)
  • Section 25607.5. Food and Beverage Exposure Warnings for Restaurants – Methods of Transmission: caption title and subsections (a) and (c)
  • Section 25607.6. Food and Beverage Exposure Warnings for Restaurants – Content: caption title and subsection (a)
  • Section 25607.7. Prescription Drug Exposure and Emergency Medical or Dental Care Exposure Warnings: subsection (a)
  • Section 25607.12. Furniture Product Exposure Warnings – Methods of Transmission: subsections (a)(1) and (a)(1)(A-B)
  • Section 25607.13. Furniture Product Exposure Warnings – Content: subsections (a)(1), (a)(2) and (a)(2)(B)

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.

Downloads

Footnotes and References

[1] 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