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10/13/16 8:48 AM CT l Author: Stephanie Rodriguez, Section Program Associate
California's three-year regulatory process to improve and clarify Proposition 65 "clear and reasonable" warning requirements has culminated with the adoption of a new regulation proposed last November. On August 30, 2016, the Office of Administrative Law approved the adoption of amendments to Article 6, Clear and Reasonable Warnings, of the California Code of Regulations. The new regulation provides, among other things, new and revised Prop 65 "safe harbor" warnings - i.e., methods of transmission and content of warnings deemed to be "clear and reasonable" in compliance with Prop 65. Notably, the emergency rulemaking by the state in April 2016 related to warnings for exposures to bisphenol A (BPA) in canned goods and beverages remains in effect. The new regulation will be effective on August 30, 2018.