Effective August 30, 2018, a new Proposition 65 “safe harbor” warning regime takes effect in California. Among other changes, the new regulations: (1) alter the responsibility between retailers and suppliers to provide warnings; and (2) revise the content and methods of transmission for “safe harbor” warnings (i.e., warnings deemed to comply with the law).
Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code § 25249.5 et seq., and requires persons doing business in California to provide a “clear and reasonable warning” before causing an exposure to a chemical known to the state of California to cause cancer, birth defects or other reproductive harm. The new regime applies to products manufactured on or after August 30, 2018.
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