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 1. Home
 2. Proposition 65
 3. Notice of Extension of the Public Comment Perio...

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NOTICE OF EXTENSION OF THE PUBLIC COMMENT PERIOD FOR PROPOSED MODIFICATION OF
TEXT TITLE 27, CALIFORNIA CODE OF REGULATIONS PROPOSED AMENDMENTS TO ARTICLE 6
CLEAR AND REASONABLE WARNINGS – SHORT FORM

Dec 24, 2021
Public Comments Date: 
Friday, December 17, 2021 to Friday, January 21, 2022

The Office of Environmental Health Hazard Assessment (OEHHA) initiated a
modification of text to the proposed rulemaking action to amend California Code
of Regulations, Title 27, Section 25602, Consumer Product Exposure Warnings –
Methods of Transmission, Section 25603, Consumer Product Exposure Warnings –
Content, and Section 25607.2 Food Exposure Warnings – Content.   A Notice of
Modification to Text of Proposed Regulation was published in the California
Regulatory Notice Register on December 17, 2021 (Z-2021-1207-04). The notice
initiated a public comment period that was scheduled from December 17, 2021, to
January 14, 2022.

At the request of the California Chamber of Commerce, OEHHA hereby extends the
public comment period for these proposed changes by an additional 7 days.  The
comment period will now close on January 21, 2022.

The public is strongly encouraged to submit written information through our
website at https://oehha.ca.gov/comments.  In the alternative, comments can be
mailed, emailed, or delivered in person 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
monet.vela@oehha.ca.gov

Please direct inquiries concerning this regulatory proposal to
monet.vela@oehha.ca.gov or by calling (916) 323-2517. 

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 California Code of Regulations, Title 27, Section 25602,
Consumer Product Exposure Warnings – Methods of Transmission, Section 25603,
Consumer Product Exposure Warnings – Content, and Section 25607.2 Food Exposure
Warnings – Content. This notice initiates a public comment period beginning
December 17, 2021, that will close on January 14, 2022. Details on how to
comment are given below.

The Notice of Proposed Rulemaking was published on January 8, 2021, in the
California Regulatory Notice Register (Register No. Z2020-1229-01)[1]. This
initiated a 60-day[2] public comment period, which was later extended to close
on March 29, 2021. A public hearing was held on March 11, 2021, where OEHHA
received 21 oral comments. One hundred sixty written comments were received
during the comment period.


SUMMARY OF MODIFICATIONS TO PROPOSED RULEMAKING

The proposed rulemaking would amend the safe harbor warning regulations to
improve the short-form warnings to provide consumers more specific information,
and to limit the use of the safe harbor short form warning to small products.
After carefully reviewing the comments received, OEHHA has modified the proposed
regulation to, among other things: increase the maximum label size for
short-form warnings from 5 square inches to 12 square inches; allow use of the
short-form warning on the internet or in catalogs where the short form warning
is used on the product label; provide additional signal word options; provide
additional warning language options; and provide minor clarifications on the
wording of the warning. These proposed changes are summarized below. The
specific language modifications to the proposed regulation are shown in the
regulatory text.

 * In Section 25602(a)(4)(A), OEHHA increased the maximum label size for short
   form warnings from 5 square inches to 12 square inches. OEHHA received
   several comments raising concerns about the originally proposed maximum label
   size of 5 square inches. After considering these comments, OEHHA determined a
   12 square inch limit would accommodate these concerns, while still limiting
   use of the short-form warnings to packages with limited available label space
   for consumer product information that would not easily accommodate the full
   warning.
 * In the original proposal, in Sections 25602(b) and (c), the option to use the
   short form warning content in online warnings or in a catalog, respectively,
   had been eliminated. This change has been removed and the original regulatory
   language that allows use of the short form warning on websites and in
   catalogs remains. Several commenters stated that the proposed elimination of
   the short form warning option for internet websites and in catalogs could
   result in varying warning language for the same products. OEHHA also
   concluded that the proposed limitation could increase product retailer
   responsibility, rather than allowing them to rely on the warnings on the
   product label or those provided to them by product manufacturers or others in
   the chain of commerce. or chemical manufacturers. OEHHA therefore returned to
   the original language. This provides consistency along the
   supply/distribution chain and conforms to the existing regulations in Section
   25600.2.
 * Additional signal word options “CA WARNING” or “CALIFORNIA WARNING” were
   added in several sections to allow businesses to make clear that the warning
   is being given pursuant to California law. This is consistent with other
   regulations proposed by OEHHA in the last several months. Businesses would
   still have the option to use the signal word “Warning”.
 * OEHHA is also providing an additional warning option that more directly
   addresses exposure to carcinogens or reproductive toxicants to provide an
   additional safe harbor warning that can be used on the product label.
 * In several sections the word “product” was removed from the proposed term
   “product label”. The existing term “label” remains. Some commenters stated
   that the phrase “product label” was undefined and confusing. Since OEHHA had
   no intention of changing the meaning, the original term was retained.


ACCESSING THE MODIFIED REGULATORY TEXT

The full regulatory text, with all the modified language provided in double
underline and double strikeout format, is available on the OEHHA website at
www.oehha.ca.gov or on request from Monet Vela in the OEHHA Legal Office at
monet.vela@oehha.ca.gov or (916) 323-2517.


HOW TO PROVIDE PUBLIC COMMENTS

OEHHA is requesting comments on the modifications to the proposed regulatory
text. Any written comments concerning the modifications, regardless of the form
or method of transmission, must be received by OEHHA no later than January 14,
2022[3], the designated close of the written comment period. All comments will
be posted on the OEHHA website at the close of the public comment period.

OEHHA recommends that the public submit written comments electronically, rather
than in paper form. Comments may be submitted electronically through our website
at https://oehha.ca.gov/comments. Comments submitted in paper form can be
mailed, faxed, or delivered in person to the address below. OEHHA encourages all
commenters to submit their comments in a format compliant with the accessibility
requirements of Section 508 of the Rehabilitation Act and Section 255 of the
Communications Act so that they can be read using screen reader technology and
those with visual impairments are able to listen to them.

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

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.


   LINK TO PUBLIC COMMENTS

 * Comment Period - Notice of Modification to Text of Proposed Regulation Title
   27, California Code of Regulations Proposed Amendments to Article 6 Clear and
   Reasonable Warnings – Short Form


DOWNLOADS

Notice of Modification to Text of Proposed Regulation Title 27 - Short Form
Dec 13, 2021
Modified Regulation Text - Short Form
Dec 13, 2021
Notice of Extension of the Comment Period for Modification of Text for Proposed
Rulemaking - Short Form
Dec 24, 2021


   RELATED NOTICES

 * Notice of Public Hearing and Extension of Public Comment Period: Amendments
   to Article 6, Clear and Reasonable Warnings Short-form Warnings
   Mar 5, 2021


FOOTNOTES AND REFERENCES

[1] Correction – The NPRM said “Section 25607.1 Food Exposure Warnings – Methods
of Transmission” instead of “Section 25607.2.”

[2] This comment period was longer than required by law to provide more time for
public input due to the COVID-19 pandemic.

[3] The comment period was extended due to the holidays that occur during the
comment period.

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