NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend certain sections of Article 6 of Title 27 of the California Code of Regulations.[1] OEHHA is proposing to adopt a new safe harbor warning regulation to address the content of warnings for exposure to glyphosate in consumer products.

This proposed rulemaking would add Sections 25607.48 and 25607.49 to the Title 27, Article 6 Clear and Reasonable Warnings regulations. The proposed regulations would provide safe harbor guidance for businesses that cause consumer product exposures to glyphosate that require warning.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

OEHHA is the lead agency that implements Proposition 65[3] 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.[4] The Act also prohibits the discharge of listed chemicals to sources of drinking water.[5] The new regulation would further the “right-to-know” purposes of the Act and provide warning language tailored for exposures to glyphosate that exceed its NSRL. The content and methods provided in the proposed regulation are deemed “clear and reasonable” by the lead agency for purposes of the Act.[6] The proposed warning content is also intended to provide balanced and understandable information to individuals who may be exposed to glyphosate. This proposed rulemaking would add Sections 25607.48 and 25607.49 to the Title 27, Article 6 Clear and Reasonable Warning regulations. The proposed regulations would provide safe harbor guidance for businesses that cause consumer product exposures to glyphosate that require a warning. The new regulation would further the “right-to-know” purposes of the Act and provide warning language tailored for these exposures. Businesses who choose to provide the safe harbor warning language for such exposures would comply with the Act, because the content and methods provided in the regulation are deemed “clear and reasonable” by the lead agency for purposes of the Act. The warning content is intended to provide balanced and understandable information to individuals who may be exposed to glyphosate at levels requiring warning.