California Amends Safe Harbor Proposition 65 Warning Requirements for Pesticide Exposure Warnings

On November 27, 2018, the California Office of Administrative Law approved an amendment to Section 25603 of Title 27, California Code of Regulations, Article 6 to allow alternative signal words for on-product Proposition 65 warnings for pesticides that are also regulated under the Federal Insecticide, Fungicide and Rodenticide Act. The new regulatory texts adds subsection (d), which allows for the word “ATTENTION” or “NOTICE” to be used in place of the word “WARNING”:

(d) Notwithstanding subsection (a)(2) or (b)(2), where a warning for a consumer product exposure or occupational exposure from use of a pesticide is provided on a product label, and the pesticide label is regulated by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, Title 40 Code of Federal Regulations, Part 156; and by the California Department of Pesticide Regulation under Food and Agricultural Code section 14005, and Cal. Code of Regs., title 3, section 6242; the word “ATTENTION” or “NOTICE” in capital letters and bold type may be substituted for the word “WARNING”.

For more information on Proposition 65, contact Steve O’Day or Vickie Rusek.