On January 19, 2016, the Office of Administrative Law approved the adoption of Section 25205, Lead Agency Website to Title 27, Article 2, of the California Code of Regulations. The regulation will be effective on April 1, 2016. This regulation establishes a framework for a website operated by the OEHHA that will provide supplemental information to the public about warnings they receive for exposures to Prop65 listed chemicals.
The regulation was strongly opposed by industry due to the proposed content and the requirement to provide information for the website. During the consultation process, the text was modified to address stakeholder concerns. The adopted regulation determines website content as follows:
A process will be provided whereby correction of inaccurate material provided on the website may be requested and a disclaimer shown indicating that OEHHA cannot assure the accuracy of information it has received from third parties.
Manufacturers, producers, distributors, or importers of a product, or a particular business that provide a Prop65 warning must provide information for website content within 90 days of a request by OEHHA. This includes following:
Companies are not required to perform any new or additional testing or analysis, nor procure information not in their possession for the purpose of providing it to OEHHA and may issue responses through a trade organization. There are also provisions to protect trade secrets. However, businesses must ensure they have a system in place to monitor levels of Prop65 chemicals in their products and report on exposure in order to meet the requirements of the new regulation.