Page 42 - enLIGHTenment - November 2017

..

| legislationUpdatE
Stay Connected to Breaking News
Online at www.enLIGHTenmentmag.com

August 30, 2018
Continued from page 38
As of , there will be a change
made to the warning label. Even if through

“Even if you believe your products do not normal use a consumer may never actually be
contain lead, you may be at risk,” Ga o reported. exposed, the new labels must state “product

“While lead in crystal or lead solder in art glass can expose” consumers to listed chemicals. This
xtures are obvious targets, even if your company is a change from the current label, which simply

does not o er these products you may be at
indicates “product contains.”

risk of costly litigation. Lead is an environmental Ga o warned that lighting manufacturers will
contaminant that can be found in small amounts no longer be able to use generic warning labels

in just about everything (it’s even in the air!). The if the products contain (or may contain) a listed
burden is on the manufacturer to prove products chemical. Under the new 2018 regulation, the

do not require a warning label; therefore, lead or actual chemical name(s) are required in the body

other Prop65 chemicals present in hardware or of the warning label. Furthermore, multi-lingual
decorative components included with your light- packaging must have separate warnings in each

ing products – even in very small amounts – could language.
result in a violation notice to your company.”
The other new development for 2018 is the

proposed creation of a designated Web site that

will be developed and maintained by OEHHA
2016 saw 30% more (O ce of Environmental Health Hazard As-

sessment) to “provide the public information
lawsuit se lements regarding chemicals, exposures, ways to minimize

exposures, and other key information.”
(compared to 2015),
Manufacturers will be required to publish
information about product(s) that have a Prop65
which generated 15% WARNING!
warning label. “In addition to manufacturers, any New Prop65 Warning
more in a orney fees.
person may also provide the lead agency with Regulations Taking Effect

information to be considered for posting on the

Web site about your product,” Ga o stated,
warning, “One concern for [our] industry is the

lack of details on how OEHHA will determine WHAT DOES PROP65 SAY?
what information to add at the request of a third

party, and how long it might take to have inaccu- The California Health & Safety Code Section 25249.6 states:

rate or misleading information removed.”
“No person in the course of doing business shall knowingly and
The new OEHHA Web site will reportedly
intentionally expose any individual to a chemical known to the state
provide relevant test data (where available) to cause cancer or reproductive toxicity without rst giving clear and
including speci c chemical content of product(s);
reasonable warning to such individual..”
information regarding exposures to listed Find More Info at: www.p65warnings.ca.gov/

chemicals, including common routes or pathways
of exposure; strategies for reducing or avoiding

exposure to listed chemicals; links to information
compiled by other authoritative entities; and

reasonably available information concerning the

anticipated level of human exposure to listed
chemicals.

According to Ga o, OEHHA may request
product information from a business, manu-

facturer, producer, distributor, or importer, but

based on industry feedback the nal regulation
speci es that manufacturers are not required to

do additional testing purely for the purpose of
responding to a request from OEHHA.

40 enLIGHTenment magazine | november 2017
www.enlightenmentmag.com