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OEHHA adopts proposed amendments to the Proposition 65 regulations

In January 2020, OEHHA adopted proposed amendments to the Proposition 65 regulations regarding situations where consumer product exposure warnings are to be issued by the retail seller. These amendments will take effect on April 1, 2020. The purpose of these amendments is to clarify situations in which manufacturers, importers, suppliers, and others who are typically responsible for Prop 65 compliance can instead transfer this requirement to retail sellers. A retail seller is defined as “[A] person or business that sells or otherwise provides consumer products directly to consumers by any means, including via the internet.” OEHHA claims that “the proposed amendments do not limit producers’ responsibility to provide warnings but rather clarify how intermediate parties in the chain of distribution can satisfy their obligation to provide a warning under the Act.” These amendments will permit intermediate parties to relinquish their Prop 65 obligations once responsibility has been properly transferred to the retail seller. OEHHA noted that “if a warning is not given to the end consumer, enforcement action can be taken against those businesses that were given the Notice and subsequently failed to pass it along either to their customers or the end consumer.”

https://www.natlawreview.com/article/oehha-adopts-amendments-to-prop-65-retail-seller-responsibilities
https://oehha.ca.gov/media/fsor_art_6_section_25600.2.pdf

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