Risky Business: OEHHA To Require Prop 65 Data Submissions

The California Office of Environmental Health Hazard Assessment ("OEHHA") has adopted new regulations that require businesses that make or use chemicals listed under Proposition 65 to provide certain information about the chemicals to the State upon request. The State will then publish information about the risks of exposure to such chemicals. The regulations also provide that businesses will have an opportunity to contest the published information. These regulations were adopted under Title 27, Article 2, Section 25205 of the California Code of Regulations. For a copy of the new regulations, click here.

First, Section 25205 requires that businesses provide OEHHA with information for use on OEHHA's website. In particular, the regulations state that OEHHA may request certain information from a "manufacturer, distributer, or importer" of a product containing a listed chemical. The requested party shall have 90 days to provide such information in response to