Article 6 Questions and Answers for Business

PROPOSITION 650F

CLEAR AND REASONABLE WARNINGS

QUESTIONS AND ANSWERS FOR BUSINESSES

Office of Environmental Health Hazard Assessment

California Environmental Protection Agency

Revised May 2019

Contents

Modified Article 6 Clear and Reasonable Warnings ....................................................................... 2

Subarticle 1. General .............................................................................................................................. 3

Responsibility to Provide Warnings ..................................................................................................... 4

Subarticle 2. Safe Harbor Methods and Content ............................................................................ 5

Consumer Product Exposure Warning Methods ............................................................................... 6

Consumer Product Exposure Warning Content ................................................................................ 8

Warning Symbol ................................................................................................................................. 8

Type Size ............................................................................................................................................. 8

Chemical Names ................................................................................................................................ 9

Short-Form Warnings ........................................................................................................................ 9

Warnings in Languages Other Than English ............................................................................... 11

Environmental Exposure Warning Methods ..................................................................................... 11

Occupational Exposure Warnings ..................................................................................................... 14

Specific Exposure Warnings ............................................................................................................... 14

The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65,

codified at Health and Safety Code section 25249.5 et seq. Hereafter referred to as “Proposition 65” or

“the Act”.

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Questions and Answers for Businesses Revised – May 2019

Modified Article 6 Clear and Reasonable Warnings

This document was developed by the Office of Environmental Health Hazard

Assessment (OEHHA) to assist businesses in locating and understanding relevant

provisions in the Article 6 Clear and Reasonable Warnings regulations. For information

regarding Proposition 65 safe harbor consumer product exposure warnings provided on

the internet and in catalogs, see “Questions and Answers for Businesses: Internet and

Catalog Warnings”, which is also available on the Proposition 65 Warnings Website

(www.p65warnings.ca.gov). For general questions about Proposition 65, see

“Proposition 65 FAQs” on the OEHHA website, or “Frequently Asked Questions” on the

Proposition 65 Warnings Website.

Q1: Has the Office of Environmental Health Hazard Assessment (OEHHA) issued

new regulations concerning the provision of warnings?

A1: Yes, the new regulations became effective on August 30, 2018 after a two-year

phase-in period. The older regulations have been repealed. See Title 27, California

Code of Regulations, section 25600, et seq.1F

Article 6, Subarticle 1 consists of

mandatory provisions including definitions of terms that are applicable to all warnings

provided under Proposition 65.

Article 6, Subarticle 2 provides non-mandatory, “safe harbor” methods and content for

giving “clear and reasonable” warnings under Proposition 65.

Q2: I have determined that I need to provide a warning. How do I do so?

A2: Guidance for providing a clear and reasonable warning is available in OEHHA’s

warning regulations. Warnings can be given by a variety of methods depending on the

type of exposure (consumer product, environmental, or occupational).

Q3: What kind of testing does a business have to do in order to meet the safe

harbor warning requirements?

A3: The warnings regulations do not address the question of whether a warning is

required; rather, the regulations provide guidance on how to provide a warning once a

business has made a determination that a warning is required. OEHHA’s regulations do

not require a business to perform any testing.

To guide businesses in determining whether a warning is necessary, OEHHA has

developed over 300 regulatory safe harbor levels for Proposition 65 chemicals. A safe

All further references are to sections of Title 27, California Code of Regulations unless indicated

otherwise.

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harbor level identifies a level of exposure to a listed chemical that does not require a

Proposition 65 warning. A business is not required to provide a warning if it causes an

exposure to a chemical at or below these levels. These safe harbor levels consist of No

Significant Risk Levels for chemicals listed as causing cancer and Maximum Allowable

Dose Levels for chemicals listed as causing birth defects or other reproductive harm.

Subarticle 1. General

Q4: If I have to provide a warning, am I required to use the safe harbor warning

methods and content described in Article 6?

A4: No, the safe harbor warning methods and content in Article 6 are deemed by

OEHHA to be clear and reasonable, and provide a “safe harbor” against enforcement

actions for businesses that choose to use them. A business can choose to use other

warning methods and content; however, the business might have to defend the warning

in legal proceedings if it is challenged as not being clear and reasonable [Section

25600(f)].

Q5: Does a product manufactured before August 30, 2018 require a new

warning?

A5: A consumer product that is manufactured prior to August 30, 2018 and labeled with

a warning that is compliant with the September 2008 version of the regulations is

deemed to be compliant with the new regulations [Section 25600(b)]. In other words,

such a product does not require a new warning. The date the product is available for

purchase does not determine whether the product should have a new warning.

Q6: Does a product covered by a court-approved warning require a new

warning?

A6: Companies covered by a court-approved settlement can continue to use any

warning methods and content contained in that settlement [Section 25600(e)].

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Q7: Can a company selling a product that is similar to one covered by a court-

approved warning use the court-approved warning instead of the safe harbor

warnings in the regulation?

A7: The regulations do not prohibit a business that is not a party to a settlement from

using warning methods and content incorporated into a settlement. However, if the

warning methods or content differ from those in the regulations, the business would not

be able to claim safe harbor protection. The business could still defend an enforcement

action by arguing such a warning is “clear and reasonable.”

Responsibility to Provide Warnings

Q8: Who should provide a warning for a consumer product?

A8: Consistent with the Act, OEHHA’s regulations place primary responsibility for

providing warnings on product manufacturers, producers, packagers, importers,

suppliers or distributors. For consumer product exposures, businesses in the above

categories must either provide a warning on the product label or labeling, or provide

notice and warning materials to “the authorized agent” for a retail seller and receive an

acknowledgment that the notice and materials were received [Section 25600.2(b)]. The

retail seller is responsible for placement and maintenance of the warning materials

he/she receives from the product manufacturer, producer, packager, importer, supplier

or distributor [Section 25600.2(d)]. Businesses should carefully review these

requirements.

Q9: If a company is a manufacturer or producer of a consumer product, but does

not sell it directly to retailers, how can it comply with the requirement to provide

warnings to retail sellers?

A9: A consumer product manufacturer that does not sell directly to retailers has two

options for compliance: (1) Provide a warning on the product label or labeling2F

, or (2)

Provide both a written notice that a warning is required and warning materials (such as

shelf signs) to the packager, importer, supplier or distributor via their authorized agent

[Section 25600.2(b)]. Manufacturers and others in the chain of commerce should take

appropriate actions to ensure that the warning is passed along to the retailer and

ultimately to the consumer [Final Statement of Reasons (FSOR), p. 39]. How that is

done will vary from situation to situation. A manufacturer or producer may choose to

enter into a contract with other businesses along the chain of commerce for their

Section 25600.2 sets the responsibilities to provide a warning under the Act, but does not in and of

itself provide a safe harbor. A business wishing to claim safe harbor protection must follow the method

and content requirements set forth in Article 6, Subarticle 2.

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product and/or the retailer to ensure that the warning is appropriately transmitted to the

retailer and end consumer [Section 25600.2(i)].

Q10: If a company manufactures component parts or ingredients that are sold in

bulk to other manufacturers or formulators, how can it comply with the

requirement to provide a warning, especially if the need for a warning depends on

the concentration or the manner of use of the listed chemical in the final product?

A10: A company that manufactures component parts or ingredients that include listed

chemicals can comply with the obligation to warn persons who can be occupationally

exposed to the bulk product by providing warnings consistent with Section 25606. The

company would only have responsibility for a consumer warning if it has knowledge that

the end use of the component part or ingredient can expose a consumer to a listed

chemical (See FSOR, p. 138). For example, if a manufacturer of a food ingredient

knows that the ingredient is typically used in certain types of prepared foods and could

thereby result in an exposure under the Act, then the ingredient manufacturer should

provide the warning or notice to the product manufacturer [Section 25600.2]. The

product manufacturer is then responsible for determining whether the product they are

manufacturing causes an exposure to the chemical at a level that requires a warning. If

so, the product manufacturer is responsible for passing the information along to its

customers or the product retailer [Section 25600.2]. In such a situation, the ingredient

manufacturer may also choose to work with the product manufacturer to evaluate

whether the product should have a warning and may enter into a contract with product

manufacturers to ensure that the warning is transmitted to the retailer and ultimately the

consumer [Section 25600.2(i)].

Subarticle 2. Safe Harbor Methods and Content

Q11: What are the type size requirements for safe harbor warnings?

A11: Type size requirements depend on the category of exposure covered by the safe

harbor warning. Consumer product exposure warnings must generally be prominently

displayed on a label, labeling, or sign, and must be displayed with such

conspicuousness as compared with other words, statements, designs or devices on the

label, labeling, or sign, as to render the warning likely to be seen, read and understood

by an ordinary individual under customary conditions of purchase or use [Section

25601(c)]. Some safe harbor warnings, such as short-form warnings for consumer

products [Section 25602], environmental exposure warnings [Sections 25604, 25605],

and several “tailored warnings” [Section 25607.1, et seq.], have specific minimum

type-size requirements. You should refer to the safe harbor methods and content

corresponding to the exposure category for which you are providing a warning to

determine if there are any applicable type size requirements.

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Consumer Product Exposure Warning Methods

For additional information regarding safe harbor consumer product exposure warnings

provided on the internet and in catalogs, see “Questions and Answers for Businesses:

Internet and Catalog Warnings”, which is available on the Proposition 65 Warnings

Website.

Q12: What are the ways to provide safe harbor warnings for consumer product

exposures?

A12: The safe harbor methods and content for providing a consumer product exposure

warning can be found in Sections 25602 and 25603. Section 25602(a) describes four

safe harbor warning methods:

• A product-specific warning provided on a posted sign, shelf tag, or shelf sign, at

each point of display of the consumer product.

• A product-specific warning provided via any electronic device that automatically

provides the warning to the purchaser before purchase without requiring the

purchaser to seek out the warning.

• A warning on the product label that complies with the content requirements in

Section 25603(a); namely, the warning symbol, the signal word, “WARNING:”,

and the applicable warning message.

• A short-form warning on the product label that complies with the content

requirements in Section 25603(b); namely, the warning symbol, the signal word,

“WARNING:”, and the applicable truncated warning message. The warning must

be in a type size no smaller than the largest type size used for other consumer

information on the product and in no case in a type size smaller than 6-point

type.

Q13: If a consumer product has exterior packaging, is a warning label required

on both the packaging and on the product itself?

A13: No, a “label” is defined as a display of written, printed or graphic material that is

printed on or affixed to a product or its immediate container or wrapper [Section

25600.1(i)]. The warning label should be placed in a manner to ensure that consumers

receive the warning prior to exposure. A warning must be visible on exterior packaging

that is opaque if an exposure requiring a warning can occur upon opening the package

[FSOR, p. 258]. A business may also choose to provide a warning on both the exterior

packaging and the product itself.

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Q14: Can an owner’s manual be used for providing a safe harbor warning?

A14: No, a standalone warning in an owner’s manual is not a safe harbor warning

method for consumer product exposures [FSOR, p. 74]. For some products (specifically

diesel engines, passenger vehicles and recreational vessels), owner’s manuals are

included as part of a safe harbor warning method used in conjunction with another

warning method [Sections 25607.14, 25607.16, and 25607.18].

Q15: Can a sign combine two different safe harbor warnings?

A15: It is possible to provide two or more warnings on a single sign. However, the

entire applicable warning content for the type of exposure is required for safe harbor

warnings in Subarticle 2. Combining the content of multiple warnings into one warning

message would generally not comply with the safe harbor requirements. For example,

if a vehicle repair facility allowed smoking at its facility such that warnings were required

both for the environmental exposure to petroleum products and tobacco smoke, the

required warning elements for each situation must be included for the safe harbor. A

combined sign would need to be 8 ½ by 11 inches in dimension (designated smoking

area requirement), posted at each public entry of the repair facility as well as within the

area in which smoking occurred, printed in no smaller than 32-point type (repair facility

requirement) with the messages enclosed in boxes to satisfy the safe harbor

requirements. [Sections 25607.26, 25607.27, 25607.28, and 25607.29] A simpler

method would be to provide separate warnings using the applicable methods and

content.

Q16: Can a business provide a general Proposition 65 warning at each public

entrance to a store instead of providing warnings for specific consumer

products?

A16: No, the safe harbor consumer product exposure warning methods are described

in Section 25602, subsections (a)(1)-(4). The safe harbor warning methods in

Subarticle 2 do not include a standalone warning at public entrances purporting to cover

all possible consumer product exposures. Such a warning would not meet the

requirements for safe harbor warnings under the regulations. Safe harbor warnings

must be clearly associated with the product that is the subject of the warning and

comply with the other requirements in Subarticle 2.

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Consumer Product Exposure Warning Content

Warning Symbol

Q17: Which American National Standards Institute (ANSI) International

Organization for Standardization (ISO) number is required for the yellow warning

symbol?

A17: The Article 6 regulations did not adopt any ANSI standards for warning symbols,

and there is no requirement that the warning symbol color correspond to a specific ISO

number. The regulations only require that the warning symbol be “yellow.” OEHHA

provides sample compliant warning symbols that a business may download and use.

Q18: If a business does not have the ability to print in color, can the business

print the warning symbol in black and white?

A18: Yes, if a business does not use the color yellow for other information printed on

the label or sign, the business may print the warning symbol in black and white [Section

25603(a)].

Type Size

Q19: What is the minimum type size for consumer product exposure warnings?

A19: For a consumer product exposure safe harbor warning provided on a label

pursuant to Section 25602(a)(3), there is no specific type size requirement. Section

25601(c), however, requires that safe harbor consumer product exposure warnings on a

label be prominently displayed with such conspicuousness as compared with other

words, statements, designs or devices on the label, labeling, or sign, as to render the

warning likely to be seen, read, and understood by an ordinary individual under

customary conditions of purchase or use.

A “short-form” warning may be provided on a product label in accordance with Section

25602(a)(4). This section requires that the entire warning be in a type size no smaller

than the largest type size used for other “consumer information” on the product, and in

any case the warning must not be in a type size smaller than 6-point type. “Consumer

information” is defined in Section 25600.1(c), and includes warnings, directions for use,

ingredient lists, and nutritional information, but does not include the brand name,

product name, company name, location of manufacture, or product advertising.

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Chemical Names

Q20: Section 25601(b) requires a safe harbor warning to identify “one or more” of

the chemicals for which the warning is being provided. What if a business

determines that there are five listed chemicals requiring a Proposition 65

warning? Do all five chemicals need to be named in the warning?

A20: No, if a business chooses to follow the safe harbor methods and content in

Section 25601(b), the business must include the name of one or more chemicals for

which it is providing a warning. Additionally, where a business is providing a warning for

both cancer and reproductive toxicity, the warning must include the name of one or

more chemicals for each endpoint.

If, for example, there are five possible chemical exposures from a given product, and all

five chemicals are listed only as carcinogens, then the business would only be required

to name one of those five chemicals in the warning. However, the business may

choose to identify any or all of the remaining four chemicals. If there are exposures to

both carcinogens and reproductive toxicants, a business would be required to name one

of the chemicals that is a carcinogen and one of the chemicals that is a reproductive

toxicant, but the business could choose to identify more chemicals in the warning. If the

warning covers exposure to a chemical that is listed as both a carcinogen and a

reproductive toxicant, the warning would only need to name that one chemical, however

both endpoints would need to be included in the warning [FSOR, p. 199].

Q21: Is it acceptable to use chemical acronyms in a warning? As an example, if

a product requires a warning for "diethylhexyl phthalate," is it acceptable to

identify “DEHP” instead of the full chemical name in the warning?

A21: The chemical name as it appears on the Proposition 65 list needs to be included

in the warning [FSOR, p. 71]. If the abbreviation is included as part of the full chemical

name in a warning, the abbreviation alone can be used for subsequent references to the

chemical name.

Short-Form Warnings

Q22: When can a business use a short-form warning?

A22: Section 25603, subsections (a) and (b) provide options for safe harbor warning

content for consumer products. Subsection (a) is the standard warning content, while

subsection (b) allows a business to use the truncated short-form warning content on a

product label. The short-form warning was intended for small products where the longer

warning will not fit on the label [FSOR, p.72]. Currently, a business may use either the

standard or short-form warning content on a “label” for a consumer product exposure

[Sections 25602, subsections (a)(3)&(4)]. The short-form warning is not a warning

method applicable to a “sign” [Section 25602(a)(1)].

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Q23: Can a business provide a short-form warning instead of a specific product,

chemical or area exposure warning (“tailored warning”)?

A23: No, if there is a tailored warning for that exposure in Subarticle 2, a business

cannot use the short-form warning and still claim the safe harbor unless the tailored

warning expressly allows the use of the short-form warning [Section 25607(a)].

Q24: Can a short-form warning be placed on the packaging or does it have to be

on the product itself?

A24: The short-form warning can be affixed to or printed on a product “label”, which

includes its immediate container or wrapper [Section 25600.1(i)].

Q25: Can a short-form warning label be used on any size product?

A25: OEHHA’s intent in providing the short-form warning option was to provide an

alternative to be used on small products or where space was limited. There is currently

no limitation on using the short-form warning on larger products. However, consumer

product exposure warnings must be prominently displayed on a label and must be

displayed with such conspicuousness as compared to other words, statements,

designs, or devices on the label as to render the warning likely to be seen, read, and

understood by an ordinary individual under customary conditions of purchase or use

[Section 25601(c)]. The short-form warning must be in a type size no smaller than the

largest type size used for other consumer information on the product and in no case

smaller than 6-point type [Section 25602(a)(4)].

OEHHA may request additional information concerning a warning from businesses

under Section 25205. This requested information includes the name(s) of the chemicals

for which the warning is being provided, and the routes and levels of exposure. OEHHA

may request this information, to provide to the public as appropriate on the warnings

website. OEHHA has requested such information from some businesses using short-

form warnings, and in other situations where OEHHA wants to understand why

consumer product exposure warnings are being provided. OEHHA is monitoring use of

this warning method to determine if the regulation should be amended.

Q26: Is information required by other agencies such as warning messages, and

nutritional information (calories, serving size, etc.) considered “consumer

information”? Does that include the headings for those items?

A26: Yes, information such as warnings and nutritional information, including headings,

are “consumer information” for purposes of the minimum type size required for a short-

form warning [Section 25600.1(c)].

Q27: If the space on a product label is too small and the short-form warning

cannot be placed in one line, can the short-form warning be placed in two/three

lines?

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A27: Yes, short-form warnings need not be provided on a single line. However, other

requirements, such as the location of the warning symbol to the left of the warning

message, height of the signal word, and the minimum type size must be followed if the

business wishes to claim safe harbor protection.

Q28: If a business provides a short-form warning on the consumer product, can

the same warning be provided on a website?

A28: Yes, pursuant to Section 25602(b) a business can use the same short-form

warning content used on the product for a website warning. The business may also use

a picture of the product label showing the warning for the website warning.

Warnings in Languages Other Than English

Q29: When are warnings required to be provided in languages other than

English?

A29: Safe harbor consumer product warnings [Section 25602], environmental warnings

[Section 25604], and “tailored” warnings [Section 25607.1, et seq.] require warning

content to be provided in other languages under certain circumstances. As an example,

if a consumer product sign or label used to provide a warning includes consumer

information about a product in a language other than English, then the warning must be

provided in that language in addition to English [Section 25602(d)]. Similarly, if signage

at a business or facility is provided in a language other than English, then an

environmental warning must be provided in that language in addition to English [Section

25604(a)].

Q30: How can I access warning content in different languages – Spanish,

Chinese, French, etc.?

A30: OEHHA provides warnings translations for businesses on the Proposition 65

Warnings Website, including translations in Spanish, Cambodian, Chinese (traditional

and simplified), French, Hmong, Korean, Tagalog and Vietnamese.

Q31: Is a product name considered “consumer information”?

A31: No, a product name is not considered “consumer information” for purposes of

determining whether a warning needs to be provided in a language other than English.

“Consumer information” includes warnings, directions for use, ingredient lists, and

nutritional information; it does not include the brand name, product name, company

name, location of manufacture, or product advertising [Section 25600.1(c)].

Environmental Exposure Warning Methods

Q32: If a business has determined that occupational exposure warnings are

required for an exposure to a listed chemical, and is providing Proposition 65

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occupational warnings that are compliant with the Article 6 safe harbor methods

and content, does a business also need to provide warnings to visitors for

exposures to listed chemicals at the facility?

A32: In general, a business should consider the exposures to listed chemicals that it

knows about, and determine if each exposure requires a warning [FSOR, p. 165] If a

business has determined that an employee may be exposed to a listed chemical at his

or her place of business at a level that requires a warning, and that a visitor to the

facility can be also exposed to a listed chemical at a level that requires a warning, then

Proposition 65 warnings should be provided for these exposures. The business should

carefully consider the appropriate placement of warnings in the context of the

regulations. The methods and content for providing safe harbor environmental and

occupational exposure warnings are located in Sections 25604, 25605, and 25606.

Q33: The “environmental exposure” definition states all exposures that are not

consumer product or occupational exposures are environmental exposures. It is

not clear what type of warning is required when there are combinations of

exposures. Are multiple types of warnings required when multiple types of

exposures are occurring?

A33: In some circumstances warnings will need to be provided that do not fit neatly into

a single category. In that case, more than one warning may need to be provided for

environmental exposures to listed chemicals. For example, the regulations for

amusement parks require a warning to be posted at each public entrance, but also

require warnings to be provided separately for consumer products, alcoholic beverages,

food, and enclosed parking facilities where such exposures occur on the premises in

order for the amusement park to receive safe harbor protection [Section 25607.22(d)].

Q34: The regulations state that environmental warnings provided on a sign need

to be in 72 point type. Does that requirement only apply to the word

“WARNING”?

A34: No, the regulations require the entire warning to be in 72-point type.

Q35: The regulations for environmental exposures require the warning to include

a “map” [Section 25604(a)(2)(B)]. Does that mean a floor plan of the property or a

map of the area showing the location?

A35: The “map” required by these regulations should clearly identify the affected area

as opposed to the surrounding unaffected areas. A map of an area where exposures

requiring a warning can occur (such as a community adjacent to an industrial facility that

is causing the exposures) should include landmarks such as street names, rivers, or

other identifying features to allow people to readily recognize the area indicated. In

some situations, such as a facility where exposures requiring a warning can occur on

the facility’s premises, a written description of the source of exposure, a floor plan

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delineating the affected area(s), or other graphic may be more clear (See FSOR,

p.122).

Environmental Exposure Warning Content

Q36: How specific must the description of the source of exposure be in an

environmental warning? Must a specific area be described for each source of

exposure or for each chemical present, or only for the chemical listed in the

warning?

A36: The specific area where the exposure can occur must be described in the warning

for the chemical or chemicals that are named in the warning. Examples of how a

warning can identify the source of the exposure and be provided in a manner that

clearly associates it with the exposure can be found in the tailored warning section of

the regulation (see Sections 25607.20 and 25607.21 (enclosed parking facilities),

Sections 25607.24 and 25607.25 (petroleum products), Sections 25607.26 and

25607.27 (service stations and repair facilities), and Sections 25607.28 and 25607.29

(designated smoking areas)).

Where a warning is being provided for multiple chemicals and/or multiple exposures, the

warning should describe the area in which an exposure to those chemicals can occur

[FSOR, p. 130]. It may be appropriate in some circumstances to provide warnings in

more than one location in a facility so that the warning will be clearly associated with the

source(s) of exposure. For example, posting a sign at the entry of a facility that purports

to provide a warning for an exposure that is only likely to occur in one area of the

facility, such as in an art studio on the third floor of a building, would not be sufficiently

associated with the source of the exposure. Such a warning should be posted at

entrances to that area of the third floor. On the other hand, if a particular chemical

exposure can occur throughout a facility, for example exposures to a solvent from paint

used throughout a large freestanding art studio, a warning at the studio entrance

naming the chemical and the source (paint) may be appropriate.

Environmental exposure warnings must be provided in a conspicuous manner and

under conditions that make the warning likely to be seen, read, and understood by an

individual in the course of normal daily activity [Section 25601(d)]. The warning should

be provided close enough to the source of exposure for the person seeing the warning

to determine where and how they may be exposed [FSOR, p. 120].

Warnings are not required for the mere “presence” of listed chemicals. The business

should determine if there is likely to be an exposure to a listed chemical at a level that

requires a warning.

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Occupational Exposure Warnings

Q37: Are professional or industrial use-only products covered by this

regulation?

A37: If a business has determined that the only exposures to a listed chemical that

require a warning will be occupational, then the business can follow the safe harbor

occupational exposure warning methods and content described in Section 25606. The

term “occupational exposure” is defined in Section 25600.1(k) as “an exposure to any

employee at his or her place of employment”.

Q38: Section 25606(a) states that a warning is not required on products that meet

the requirements of the Hazard Communication Standard (HCS). If a product

contains a Proposition 65 chemical, but the quantity is not enough to trigger

classification as a carcinogen or reproductive toxicant under the HCS, does it still

require a Proposition 65 warning?

A38: Proposition 65 imposes separate warning requirements from the HCS. Section

25606 provides that a business can comply with Proposition 65 by complying with state

and federal occupational training and warning requirements when a warning is required

under the federal or California HCS, or the California Pesticides and Worker Safety

requirements. In the event that there is an occupational exposure to a Proposition 65

listed chemical with no warning requirement for the chemical under these laws, a

Proposition 65 warning may still be required [FSOR, p. 29]. Section 25606(b) provides

businesses the option to use safe harbor warning methods and content for an exposure

to a Proposition 65 listed chemical in an occupational setting.

Q39: Can a business place the Proposition 65 warning on a Safety Data Sheet

(SDS)?

A39: Safety Data Sheets (SDS) are outside the scope of this regulation, as OEHHA

cannot prescribe the content of forms under the authority of a federal or other state

agency. While the SDS may in some circumstances be used to provide occupational

exposure warnings, they are not a safe harbor warning method for other exposure types

such as consumer product or environmental exposures.

Specific Exposure Warnings

Q40: There is a specific exposure warning (“tailored warning”) for my product in

the new regulations. Does that mean a warning is now required?

A40: The fact that there is a tailored warning for a particular product (or place) does not

mean that a warning is always required. A warning is required only when there is an

exposure to a listed chemical from the product that is above the safe harbor level for

that chemical. As stated in Section 25600(a), the Article 6 regulations do not determine

CalEPA Office of Environmental Health Hazard Assessment 15

Proposition 65 Clear and Reasonable Warnings

Questions and Answers for Businesses Revised – May 2019

whether a warning is required. The business should make the determination of whether

a warning is required for a specific exposure, and if so, use the regulations to determine

how to provide the warning.

Q41: Can I use a point-of-sale warning for exposures to Bisphenol A (BPA) in

canned and bottled foods and beverages as a safe harbor warning?”

A41: No, the point-of-sale warning option for exposures to BPA in canned and bottled

foods and beverages was a temporary regulation that expired on December 30, 2017

and has been repealed. It is no longer a safe harbor option for businesses. Businesses

should refer to the more general provisions of Article 6, Subarticle 2 for the current

regulations concerning safe harbor warning methods and content for consumer product

exposures from foods.