1 
 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY  
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT  
 
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986  
PROPOSITION 65  
 
NOTICE OF PROPOSED RULEMAKING  
AND ANNOUNCEMENT OF PUBLIC HEARING  
 
AMENDMENTS TO TITLE 27 CCR § 25601 , 25602,  25603, 25607.2 AND               
NEW SECTIONS 25607 .50, 25607.51, 25607.52, AND 25607.53  –  
CLEAR AND REASONABLE WARNINGS,  
SAFE HARBOR METHODS AND CONTENT      
 
OCTOBER 27, 2023  
 
Publication Date: October 27, 2023  
Public Hearing (Hybrid) : December 13, 2023  
Deadline for Public Comment : December 20, 2023  
 
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard 
Assessm ent (OEHHA ) proposes to amend Title 27 of the California Code of 
Regulations , Sections 25601, 25602, 25603, and 25607.2 and adopt new Sections 
25607.50, 25607.51, 25607.52, and 25607.53.1 The proposal intends to make the 
Proposition 65 short -form warning more informative to consumers, clarify existing safe 
harbor warning requirements for products sold on the internet and in catalogs, add 
signal word options for food warnings, clarify that short -form warnings may be used to 
provide safe harbor warnings for food product s, and provide new tailored safe harbor 
warnings for passenger or off -highway motor vehicle parts and recreational marine 
vessel parts.  
 A copy of the proposed amendments is available on t he OEHHA  Website at  Notices - 
OEHHA  (ca.gov) . 
 
PUBLIC HEARING  
 
OEHHA  has scheduled a public hearing on December 13, 2023 , at 10:00 a.m. (PST) 
in the Sierra Hearing Room located at the CalEPA Headquarters at 1001 I Street in 
Sacramento to receive comments about this action. The hearing will be hybrid, 
 
1 All further references are to sections of Title 27 of the California Code of Regulations, unless otherwise 
indicated.   2 
 conducted both remotely  and in person. Information concerning how to participate in 
the hearing remotely will be posted on our website prior to the hearing.  
If you have special accommodation or language needs, please contact Monet Vela 
by telephone at (916) 323- 2517 or by email  at 
monet.vela@ oehha.ca.gov . TTY/TDD/Speech -to-Speech users may dial 7-1- 1 for 
the California Relay Service.  
 
PUBLIC COMMENTS  
 Any interested person or their authorized representative may submit written comments relevant to the proposed regulatory action. To  be considered, OEHHA  must receive 
comments by December 20 , 2023, the designated close of the written comment 
period.  All written comments will be posted on th e OEHHA  website after the close of the 
public comment period.  
OEHHA  strongly recommends that the public submit written information electronically, 
rather than in paper form. Comments may be submitted electronically through our 
website at https://www .oehha .ca.gov/comments. Alternatively , comments can be mailed 
to the address below.  
  Monet Vela  
Office of Environmental Health Hazard Assessment  
 1001 I Street, 23
rd Floor  
P. O. Box 4010  
 Sacramento, California 95812- 4010  
 Telephone: 916- 323-2517  
OEHHA  encourages commenters to submit their comments in a format compliant with 
the accessibility requirement s of the Americans with Disabilities Act , so that they  can be 
read using screen reader technology  to ensure that people with visual impairments are 
able to listen to the comments .   
OEHHA  is subject to the California Public Records Act and other laws that require the 
release of certain information upon request. If you provide comments, please be aware 
that written and oral comments, attachments and associated contact information (e.g., 
your name, address , and e- mail etc.) become part of the public record and can be 
released to the public upon request.  
CONTACT  
Please direct inquiries concerning the proposed regulatory action described in this 
notice to Monet Vela at (916) 323- 2517, or by e- mail to monet.vela@ oehha.ca.gov .  3 
 Kristi Morioka  is a back -up contact person for inquiries concerning processing of this 
action and is available at (916) 322-5624 or  kristi.morioka@oehha.ca.gov .  
AUTHORITY  
Health and Safety Code s ection 25249.12.  
REFERENCE  
Health and Safety Code sections 25249.6  and 25249.11 .  
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW  
BACKGROUND 
OEHHA  is the lead agency that implements Proposition 652 and has the authority to 
promulgate and amend regulations to further the purposes of the Act. The Act requires  
businesses  to provide a clear and reasonable  warning before  they cause  an exposure to 
a chemical listed  as known  to the state  to cause cancer  or reproductive  toxicity .3 The 
Act also prohibits  the discharge  of listed chemicals  to sources of drinking  water .4 Article 
6 of OEHHA ’s regulations includes safe harbor warning methods and content that 
businesses can use to comply with the Act. OEHHA 's safe harbor regulations are non -
mandatory guidance. The proposed amendment s would adopt new safe harbor warning 
content for short -form warnings , clarify existing safe harbor warning requirements for 
products sold on the internet and in catalogs, add signal word options for food warnings, 
clarify that short -form warnings may be used to provide safe harbor warnings for food 
product s, and provide new tailored safe harbor warnings for passenger or off -highway 
motor vehicle parts and recreational marine vessel parts.  
SUMMARY OF THE EFFECT OF THE PROPOSED AMENDMENTS  
OEHHA ’s regulations include  safe harbor warning methods and content that businesses 
can use to warn for consumer product exposures to listed chemicals . In adopting the 
existing warning regulations, OEHHA  determined that a n alternative to the general 
consumer product warning was needed for use on small packages or labels . The 
existing short -form warnings  do not  require identification of a specific chemical exposure 
for which a warning is being given.  Not requiring a specific chemical to be included in 
the short -form warning has led to its over -use, and many businesses are using the 
short -form warning prophylactically because it protects from potential litigation . The 
 
2 The Safe Drinking Water and Toxic Enforcement Act of 1986,  commonly known as “Proposition 65”  
(Health and Saf. Code section 25249.5 et seq. ) (hereafter referred to as “Proposition 65” or “the Act” ). 
3 Health and Saf . Code s ection 25249.6. 
4 Health and Saf . Code s ection 25249.5. 4 
 proposal would require identification of a specific chemical exposure for which the 
warning is being given . OEHHA  has determined that the proposed changes to the short -
form warnings will provide sufficient information for consumers to make informed 
choices about their exposures to listed chemicals in consumer products and are 
necessary to further the purposes of  the Act and comply with the “clear and reasonable” 
warning requirement.  The proposed changes would also provide clarity for businesses 
regarding other aspects of short -form warnings and regarding existing safe harbor 
warning requirements for internet and catalog purchasers . 
The proposal would also add new sections 25607.50, 25607.51, 25607.52, and 
25607.53 to create tailored warning methods and content for exposures to listed 
chemicals from passenger or off -highway vehicle parts and recreational marine vessel 
parts . The regulations would ensure that California consumers buying these parts 
receive a warning about their exposure and information about reducing the risk of 
exposure to listed chemicals.    
SPECIFIC BENEFITS OF THE PROPOSED AMENDMENT S 
The propos al would facilitat e compliance with the Act  by providing guidance regarding 
safe harbor warnings for consumer product exposures to listed chemicals . The health 
and welfare of California residents would  likely benefit by increasing the public’s ability 
to understand the warnings they receive for consumer products they may choose to 
purchase.   
COMPARABLE FEDERAL REGULATIONS  
Proposition 65 is a California law that has no federal counterpart.  OEHHA  has 
determined that the regulations do not duplicate and will not conflict with federal 
regulations.  
NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING REGULATIONS  
OEHHA  has conducted an evaluation and has determined that Article 6  is the only 
regulation concerning Proposition 65 warnings. Therefore, the proposed regulatory action is neither inconsistent nor incompatible with existing state regulations. The act ion 
does not change the existing mandatory requirements on businesses subject to 
Proposition 65, state or local agencies and does not address compliance with any other law or regulation.  
NO FORMS OR DOCUMENTS INCORPORATED BY REFERENCE  
DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION  5 
 LOCAL MANDATE/FISCAL IMPACT  
Because Proposition 65 by its terms does not apply to local agencies or school 
districts,5 OEHHA  has determined the proposed regulatory action would not impose a 
mandate on local agencies or school districts; nor does it require reimbursement by the State pursuant to Part 7 (commencing with section 17500) of Division 4 of the 
Government Code.  OEHHA  has also determined that no nondiscretionary costs or 
savings to local agencies or school districts would result from the proposed regulatory 
action, nor would  there be any costs or savings to the state or in federal funding to the 
state because of the proposed regulatory action.  
EFFECT ON HOUSING COSTS  
OEHHA  has initially determined that the proposed regulatory action would  have no 
effect on housing costs because it is limited to guidance concerning warnings for consumer product exposures to listed chemicals and because it does not impose any 
new mandatory requirements on any business.  
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING 
BUSINESS, INCLU DING ABILITY TO COMPETE  
The proposed regulatory action would provide  non-mandatory compliance assistance to 
businesses subject to the Act  by providing optional safe harbor warning methods and 
content for short -form warnings, guidance regarding general consumer product 
exposure warnings, and additional safe harbor warning options for passenger and off -
highway motor vehicle and recreational marine vessel parts . To the extent some 
businesses currently using the existing short -form safe harbor warning will choose to 
modify their warnings to comply with the amended short -form safe harbor warning or to 
use the new tailored warning options,  OEHHA  estimates the overall total cost to 
businesses is well below the threshold that would trigger a Standardize Regulatory 
Impact Analysis  (SRIA). OEHHA  has therefore made an initial determination that the 
adoption of this action would  not have a significant statewide adverse economic impact 
directly affecting businesses, including the ability of California businesses to compete 
with businesses in other s tates.  
RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code section 11346.3(b))  
CREATION OR ELIMINATION OF JOBS WITHIN THE STATE OF CALIFORNIA  
This regulatory action w ould not impact the creation or elimination of jobs within the 
State of California. The proposed amendments w ould help businesses comply with the 
 
5 See Health and Saf . Code section 25249.11(b) . 6 
 requirements of Proposition 65 by providing non- mandatory guidance for businesses 
concerning how safe harbor warnings can be provided for exposures to listed chemicals 
for consumer products, passenger or off -highway motor vehicle parts, and recreational 
marine vessel parts.  The proposed regulatory action w ould not impact the creation or 
elimination of jobs within California because the proposed regulatory action w ould not 
impose any mandatory requirements on small businesses. The regulations are non-mandatory guidance that businesses may  use, but are not requir ed to use, to comply 
with Proposition 65’s “clear and reasonable” warning requirements.  
CREATION OF NEW BUSINESSES OR ELIMINATION OF EXISTING BUSINESSES 
WITHIN THE STATE OF CALIFORNIA  
This regulatory action w ould not impact the creation of new businesses or the 
elimination of existing businesses within the State of California. The proposed 
amendments do not impose new regulatory requirements on businesses. Instead, the proposed amendments will help businesses comply with the requirements of 
Proposition 65 by providing non- mandatory guidance for businesses concerning how 
safe harbor warnings should be provided for exposures to listed chemicals for consumer 
products, passenger or off -highway motor vehicle parts, and recreational marine vessel 
parts. No new businesses will be created because the proposed amendments do not impose a new regulatory requirement, and no businesses will be eliminated.  
Some businesses currently using the existing short -form safe harbor warning will 
choose to modify their warnings to comply with the amended short -form safe harbor 
warning or use the new tailored warning options for passenger or off -highway motor 
vehicle parts or recreational marine vessel parts,  OEHHA  estimates the overall total 
cost per business to be: $4,273.46 (to change existing short -form labels, internet, and 
catalog warnings ); $697.30 (to use the new tailored warning sign for passenger or off -
highway motor vehicle parts); and $81.82 (to use the new tailored warning sign for recreational marine vessel parts).  
EXPAN SION OF BUSINESSES CURRENTLY DOING BUSINESS WITHIN THE 
STATE  
This regulatory action would  not impact the expansion of businesses within the State of 
California. The proposed amendments would  provide non- mandatory guidance for 
businesses concerning how safe harbor warnings should be provided for exposures to 
listed chemicals for consumer products, passenger or off -highway motor vehicle parts, 
and recreational marine vessel parts.  7 
 BENEFITS OF THE PROPOSED AMENDMENTS TO THE HEALTH AND WELFARE 
OF CALIFORNIA RESIDENTS, WORKER SAFETY, AND THE STATE’S 
ENVIRONMENT  
The proposed regulatory action would  benefit the health and welfare of California 
residents by providing more meaningful information regarding their exposures to listed 
chemicals and help eliminate over -warning for non- existent exposures to listed 
chemicals. The proposed action furthers the ri ght-to-know purposes of the statute and 
therefore promotes public and worker health and safety by providing consumers with information that can assist them in making informed choices about their exposures to listed chemicals.  OEHHA  has concluded that the public would benefit from the proposed 
amendments because they will provide a more specific warning option for businesses to 
use when they provide warnings for passenger or off -highway motor vehicle and 
recreational marine vessel parts. The action furthers the right -to-know purposes of the 
statute and therefore promotes public and worker health and safety.  
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS  
To the extent some businesses currently using the existing short -form safe harbor 
warning will choose to modify their warnings to comply with the amended short -form 
safe harbor warning, and some businesses will choose to use the new tailored warning options for passenger or off -highway motor vehicle parts or recreational marine vessel 
parts,  OEHHA  estimates the overall total cost to businesses to be approximately 
$14,694,927.67.  OEHHA  estimated that:  
• the short -form amendment will result in costs associated with changing existing 
short -form warning labels and internet and catalog warnings totaling 
approximately $14,538.327.67, or $4,273.46 per business;  
• the new passenger or off -highway motor vehicle parts tailored warning will result 
in costs associated with adoption of new tailored warning signs totaling approximately $154,800.00, or $697.30 per busi ness; and  
• the new recreational marine vessel parts warning will result in costs associated 
with the adoption of new tailored warning signs totaling approximately $1,800.00, or $81.82 per business.  
The basis for these calculations is described in more detail in the Economic Impact Statement (STD 399).
6 
 
6 OEHHA , Economic and Fiscal Impact Statement  (Regulations and Orders) STD 399, Amendments to Title 27 CCR § 
25601 -25603, 25607 et . seq. – Clear and Reasonable Warnings, Safe Harbor  (August 2023). 8 
 EFFECT ON SMALL BUSINESSES  
While the proposal provides non- mandatory guidance, it may affect some small 
businesses as defined by Government Code section 11342.610. The Act does not apply 
to small businesses employing less than ten people.7 The proposed regulatory action 
will assist small businesses subject to the Act in determining whether or not a given 
warning satisfies the “clear and reasonable” warning criteria specified in the Act.  
REASONABLE ALTERNATIVES TO THE REGULATION AND THE AGENCY’S 
REASONS FOR REJECTING THOSE ALTERNATIVES  
Pursuant to Government Code section 11346.5(a)(13), OEHHA  must  determine that no 
reasonable alternative considered by  OEHHA , or that has otherwise been identified and 
brought to the attention of OEHHA , would be more effective in carrying out the purpose 
for which the action  is proposed, would be as effective and less burdensome to affected 
private persons than the proposed action, or would be more cost -effective to affected 
private persons and equally effective in implementing the statutory policy or other 
provision of law.  
AVAILABILITY OF DOCUMENTS  
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED 
AMENDMENTS  
OEHHA  has prepared and has available for public review an Initial Statement of 
Reasons for the proposed regulation, all the information upon which the regulation is 
based, and the text of the proposed regulation. These documents are available on 
OEHHA ’s web site at www. oehha .ca.gov/Proposition- 65. 
AVAILABILITY OF CHANGED OR MODIFIED TEXT  
The full text of any proposed regulation that is changed or modified from the express terms of this proposed action will be made available to the public at least 15 days prior to the date on whic h OEHHA  adopts the resulting regulation. Notice of the comment 
period on the revised proposed regulation and the full text of the proposal will be provided  to individuals who submitted oral or written comments at the public hearing, if 
any, whose  comments were received by  OEHHA  during the public comment period, and 
anyone who requests notification from OEHHA  of the availability of such change. 
Copies of the notice and the changed regulation will also be available on th e OEHHA  
Web site at www. oehh a.ca.gov/Proposition- 65. 
 
7 Health and Saf . Code section 25249.11(b) . 9 
 AVAILABILITY OF THE FINAL STATEMENT OF REASONS  
A copy of the Final Statement of Reasons for this action may be obtained, when it 
becomes available, from Monet Vela at the e- mail or telephone number indicated 
above. The Final Statement of Reasons will also be available o n OEHHA ’s web site at 
www. oehha .ca.gov/Proposition- 65. 
 