In 2016, California adopted amendments to the regulations that govern "clear and reasonable warning" under Proposition 65 for products that contain chemicals that are known to be both toxic and carcinogenic. The new regulation takes effect August 30, 2018.
How to Comply with Proposition 65
While the current regulations allow for a “generic” label, the amended statute requires a label specifically identifying hazard communication for at least one chemical found in a product unless a short-form on product warning is used.
Generally, the new warning label requirements for consumer products include:
- Required Type Size: Text of the warning must be the same size as other consumer information presented on the package and may not be smaller than 6 point type.
- Required Warning Symbol: The warning must include a warning symbol that is an equilateral triangle with an exclamation point followed by the word WARNING in capital letters and bold print.
- Required Simplified Label: For consumer products, a label on the product may be used that includes the warning symbol and text, describes the endpoint of the exposure, and is followed by the web address www.p65warnings.ca.gov.
In sum, the new Prop. 65 regulations still require a warning label be placed on any consumer product that contains a chemical identified by OEHHA to cause cancer or reproductive harm.
Businesses must either (1) label the product with the required warning or (2) provide notice and warning materials to the authorized agent for the retail seller and receive an acknowledgement that the notice and materials were received.
The Solution: On-demand Labeling
After determining if any products sold or produced in California include chemicals requiring a Prop. 65 warning label, you need to print new labels for your products. But printing new labels costs money and inventory space.
The best solution for meeting the August 30, 2018 deadline is by printing labels on-demand.
Printing on-demand lets you make adjustments on-the-fly, allowing you the flexibility to add new "safe harbor" warnings for consumer products you ship and sell in California. Add Prop. 65 warning symbols in a fraction of the time it would take a third-party printer to get something to you, buying you time to comply with Prop. 65 regulations.
No need to throw out your entire label inventory, simply print what you need when you need it.
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