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California extends consultation on Prop 65 clarifying amendments

California's Office of Environmental Health Hazard Assessment (Oehha) has scheduled a public hearing and extended the consultation on proposed amendments to providing ‘clear and reasonable’ consumer product warnings under Proposition 65.

Proposed last month, the amendments seek to clarify where responsibility lies for providing consumer product exposure warnings, as laid out under section 25600.2 of the law.

More specifically, they seek to address "questions and requests for clarification" that Oehha has received with regard to the duty for intermediate businesses in the chain of commerce to satisfy their obligation to provide a warning.

The proposed changes follow a 2016 update to how how ‘clear and reasonable’ warning must be provided under the state’s right-to-know scheme, which requires companies to disclose if people will be exposed to substances listed as carcinogens or reproductive toxicants. Oehha, which oversees Prop 65, adopted other clarifying amendments in 2017.

The public hearing will take place in Oakland, California on 3 January. Comments will be accepted through 11 January.

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