About HKTDC | Media Room | Contact HKTDC | Wish List Wish List () | My HKTDC |
繁體 简体
Save As PDF Print this page
Qzone

Reminder: New California Proposition 65 Warning Requirements to Enter into Force 30 August

As previously reported, California’s new warning requirements under Proposition 65 are slated to enter into force on 30 August. The new regulations will require more detailed information in Proposition 65 safe harbour warnings, including a clear statement that a person can be exposed to a listed chemical, the names of one or more listed chemicals that are the subject of the warning, and a link to a website maintained by the Office of Environmental Health Hazard Assessment containing supplemental information. Businesses will continue to be assured that compliance with the safe harbour regulations will help them avoid litigation because the content and methods provided in the new requirements are deemed “clear and reasonable” for purposes of complying with the law.

According to the new regulations, a warning meets the applicable requirements if the name of one or more of the listed chemicals in the consumer product or affected area for which the warning is being provided is included in the text of the warning. Where a warning is being provided for more than one endpoint (cancer and reproductive toxicity), it must include the name of one or more chemicals for each endpoint unless the named chemical is listed as known to cause both cancer and reproductive toxicity and has been so identified in the warning.

The regulations require consumer product exposure warnings to be prominently displayed on a label, labelling or sign. Specifically, they must be displayed with such conspicuousness as compared with other words, statements, designs or devices on the label, labelling or sign as to render the warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use. The warning content may contain information that is supplemental to the required content only to the extent that it identifies the source of the exposure or provides information on how to avoid or reduce exposure to the identified chemical or chemicals.

According to the new regulations, a warning meets the relevant requirements if it contains the elements laid out below and is provided using (i) a product-specific warning provided on a posted sign, shelf tag or shelf sign for the consumer product at each point of display of the product; (ii) a product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning; (iii) a label that complies with the content requirements laid out below; or (iv) an on-product warning that complies with the content requirements laid out below (the entire warning must be at least 6-point type and no smaller than the largest type size used for other consumer information on the product). Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language in addition to English.

The required elements for product exposure warnings include the following.

(i) use of the word “WARNING” in all capital letters and bold print

(ii) inclusion of a warning symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline, although such symbol may be printed in black and white in instances where the sign, label or shelf tag for the product is not printed using the colour yellow (this symbol must be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”)

(iii) for exposures to listed carcinogens, the words “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.”

(iv) for exposures to listed reproductive toxicants, the words “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.”

(v) for exposures to both listed carcinogens and reproductive toxicants, the words “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.”

(vi) for exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant, the words “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.”

(vii) where a warning is being provided for an exposure to a single chemical, the words “chemicals including” may be deleted from the warning content

An on-product warning may be provided using all of the following elements.

(i) the word “WARNING” in all capital letters and bold print

(ii) the symbol described above

(iii) for consumer products that cause exposures to a listed carcinogen, the words “Cancer - www.P65Warnings.ca.gov.”

(iv) for consumer products that cause exposures to a listed reproductive toxicant, the words “Reproductive Harm - www.P65Warnings.ca.gov.”

(v) for consumer products that cause exposures to both a listed carcinogen and a reproductive toxicant, the words, “Cancer and Reproductive Harm - www.P65Warnings.ca.gov

A person providing an on-product warning is not required to include within the text of the warning the name or names of a listed chemical.

For internet purchases, a warning that complies with the content requirements must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided, the warning provided on the website may use the same content as the on-product warning. A warning is not prominently displayed if the purchaser must search for it in the general content of the website. For catalogue purchases, the warning must be provided in the catalogue in a manner that clearly associates it with the item being purchased.

The regulations also set forth specific warning methods and content for specific types of exposures, including exposures from food (including dietary supplements), alcoholic beverages, prescription drugs, raw wood products, furniture, diesel engines (except passenger vehicle engines), vehicles, recreational vessels, and canned and bottled foods and beverages containing bisphenol A.

Content provided by Picture: HKTDC Research
Comments (0)
Shows local time in Hong Kong (GMT+8 hours)

HKTDC welcomes your views. Please stay on topic and be respectful of other readers.
Review our Comment Policy

*Add a comment (up to 5,000 characters)