California launches Prop 65 Warning Website.

• As previously covered, California has been in the process of revisiting its Prop 65 regulations, which may eventually include changes to the safe harbor warnings.  As part of this process, a final regulation took effect on April 1, 2016, establishing a framework for a new website administered by the Office of Environmental Health Hazard Assessment (OEHHA) to provide supplemental information to the public about warnings they receive for exposures to Prop 65 listed chemicals.

• Earlier this month, OEHHA officially launched its Lead Agency Website at www.P65Warnings.ca.gov.  In keeping with the implementing regulation, OEHHA intends for the site to be a forum for posting more detailed information on chemicals listed under Prop 65 and products containing listed chemicals.  The current version of the site contains limited information on a few product types (alcohol, furniture, petroleum, and raw wood products) and places (i.e., amusement parks, dental offices, smoking areas, enclosed parking lots, service stations, and vehicle repair shops).  Each listed chemical has its own page and tells you the basis for the listing (e.g., female reproductive toxicant, carcinogen, etc.).  However, expect the website to expand as OEHHA starts sending out requests to manufacturers.

• California will be obtaining information to populate the website directly from industry.  For industry stakeholders, this means that if a product bears a Prop 65 warning, you may receive a request from OEHHA to provide the information on the location of the chemical in the product, the concentration (including mean, minimum, and mode) of the listed chemical in the final product, anticipated routes of exposure, estimated levels of exposure, and “any other related information concerning exposures to listed chemicals.”  OEHHA may post this information on its website (unless you can successfully argue that it is privileged or confidential).