On August 30, 2018, new Clear and Reasonable Warning requirements will come into effect in California under Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act. While this date may seem distant, if your company is not already taking steps to prepare, you may be at risk of non-compliance with Proposition 65 come August.

Assent’s Proposition 65 Knowledge Article answers your compliance questions. Read it here.

Key Changes to Proposition 65

  1. There are new warning label language and symbol requirements under Proposition 65:
    • Warning triangle with exclamation mark (preferably yellow in color)
    • Long-form warnings must include reference to at least one substance in question
    • Change in language from “This product contains…” to “This product can expose you to…”
    • Requires the inclusion of the California Office of Environmental Health Hazard Assessment (OEHHA) Proposition 65 website www.P65Warnings.ca.gov
    • Short form warning must include: WARNING: Cancer – www.P65Warnings.ca.gov.
  2. Under the new Proposition 65 requirements, tailored warnings are required for specific products, industries and areas, including food, alcohol, restaurants, prescription drugs, dental care, raw wood, furniture, diesel engines, vehicles, recreational vessels, enclosed parking facilities, service stations, vehicle repair facilities and smoking areas.
  3. New requirements must be reflected on all products manufactured after August 30, 2018, but can be implemented starting now to ensure ongoing Proposition 65 compliance. Note: Products manufactured prior to August 30, 2018, can continue to be sold using the old Proposition 65 warning requirements.

You can read more about these changes on the OEHHA Proposition 65 website.

Act Soon to Avoid Non-Compliance with Proposition 65

Making adjustments to printed or digital Proposition 65 warnings is both time-consuming and costly. For companies purchasing their packaging in bulk, failing to act soon enough could result in significant waste and added expense resulting from obsolete packaging inventory once the rules come into effect.

Being aware of these new rules and making the proper adjustments in a timely manner can mitigate the costs associated with these changes.

The Assent Differentiator for Proposition 65 Compliance

Assent Compliance offers a solution to help companies manage declarable substances in their supply chain that could trigger these Proposition 65 warning requirements. Assent sets itself apart from other third-party service providers with its comprehensive software platform that combines a Proposition 65 compliance solution with other product compliance regulations such as REACH and RoHS.

The result is an integrated compliance program that makes it easy for companies to manage the substances in their supply chains and the regulations relating to them. In short, this solution simplifies complex compliance requirements, saving your business time and money.

Questions? Our Proposition 65 and product compliance experts are here to help. Reach out to them today.

Valerie Kuntz
Regulatory & Sustainability Expert, Product Sustainability

Valerie specializes in Restriction of Hazardous Substances (RoHS) and Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) implementation processes at large companies, and in  Read More

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