Article 6 Clear and Reasonable Warnings Amendments

Related to Short-Form Warnings for Consumer Product Exposures

§ 25601. Safe Harbor Clear and Reasonable Warnings - Methods and Content.

(a) A warning is “clear and reasonable” within the meaning of Section 25249.6 of the Act

if the warning complies with all applicable requirements of this article.

(b) Except as provided in Section 25603(c), a A warning meets the requirements of this

subarticle if the name of one or more of the listed chemicals in the consumer product or

affected area for which the warning is being provided is included in the text of the

warning. Where a warning is being provided for more than one endpoint (cancer and

the warning likely to be seen, read, and understood by an ordinary individual under

customary conditions of purchase or use.

(d) Environmental exposure warnings must be provided in a conspicuous manner and

under such conditions as to make the warning likely to be seen, read, and understood

by an ordinary individual in the course of normal daily activity.

(e) The warning content may contain information that is supplemental to the content

required by this subarticle only to the extent that it identifies the source of the exposure

or provides information on how to avoid or reduce exposure to the identified chemical or

chemicals. Such supplemental information is not a substitute for the warning content

required by this subarticle.

25603 and is provided using one or more of the following methods:

(1) A product-specific warning provided on a posted sign, shelf tag, or shelf sign,

for the consumer product at each point of display of the product.

(2) A product-specific warning provided via any electronic device or process that

automatically provides the warning to the purchaser prior to or during the

purchase of the consumer product, without requiring the purchaser to seek out

the warning.

(3) A warning on the product label that complies with the content requirements in

Section 25603(a).

(C) The entire warning is printed must be in a type size no smaller than

the largest type size used for other consumer information on the product.

In no case shall the warning appear in a type size smaller than 6-point

type.

(b) For internet purchases, a warning that complies with the content requirements of

Section 25603(a) must also be provided by including either the warning or a clearly

marked hyperlink using the word “WARNING” on the product display page, or by

otherwise prominently displaying the warning to the purchaser prior to completing the

purchase. If warning is provided using the short-form warning label content pursuant to

Section 25602(a)(4), the warning provided on the website may use the same content.

the same content.

(d) Where a sign or label used to provide a warning includes consumer information

about a product in a language other than English, the warning must also be provided in

that language in addition to English.

(e) The 2020 amendments to subsections (a)-(c) shall become operative [Office of

Administrative Law to insert date that is one year after the effective date of

amendments]. A warning for a consumer product manufactured prior to [Office of

Administrative Law to insert date that is one year after the effective date of

amendments] is deemed to be clear and reasonable if it complies with the August 2016

revision of this section. Nothing in this subsection prevents a business from providing

§ 25603. Consumer Product Exposure Warnings - Content.

requirements of this subarticle if it is provided using one or more of the methods

required in Section 25602 and includes all the following elements:

(1) A symbol consisting of a black exclamation point in a yellow equilateral

triangle with a bold black outline. Where the sign, label or shelf tag for the

product is not printed using the color yellow, the symbol may be printed in black

and white. The symbol shall be placed to the left of the text of the warning, in a

size no smaller than the height of the word “WARNING”.

(2) The word “WARNING:” in all capital letters and bold print, and:

(A) For exposures to listed carcinogens, the words, “This product can expose you

to chemicals including [name of one or more chemicals], which is [are] known to

www.P65Warnings.ca.gov.”

words, “This product can expose you to chemicals including [name of one or

more chemicals], which is [are] known to the State of California to cause cancer,

and [name of one or more chemicals], which is [are] known to the State of

California to cause birth defects or other reproductive harm. For more information

(D) For exposures to a chemical that is listed as both a carcinogen and a

reproductive toxicant, the words, “This product can expose you to chemicals

including [name of one or more chemicals], which is [are] known to the State of

California to cause cancer and birth defects or other reproductive harm. For more

information go to www.P65Warnings.ca.gov.”

(E) Where a warning is being provided for an exposure to a single chemical the

www.P65Warnings.ca.gov.” “Cancer Risk From [Name of one or more chemicals

known to cause cancer] Exposure - www.P65Warnings.ca.gov”

(B) For exposures to listed reproductive toxicants, the words, “Reproductive

Harm - www.P65Warnings.ca.gov.” “Risk of Reproductive Harm From [Name of

one or more chemicals known to cause reproductive toxicity] Exposure -

www.P65Warnings.ca.gov”

(C) For exposures to both listed carcinogens and reproductive toxicants, the

words, “Cancer and Reproductive Harm - www.P65Warnings.ca.gov.” “Risk of

Cancer From [Name of one or more chemicals known to cause cancer] And

Reproductive Harm From [Name of one or more chemicals known to cause

reproductive toxicity] Exposure - www.P65Warnings.ca.gov”

(D) For exposures to a chemical that is listed as both a carcinogen and a

reproductive toxicant, the words, “Risk of Cancer and Reproductive Harm From

[Name of one or more chemicals known to cause cancer and reproductive

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”.

(d) The 2020 amendments to subsections (a)-(d) shall become operative [OAL to insert

date that is one year from effective date of these amendments]. A short-form warning on

a consumer product manufactured prior to [OAL to insert date that is one year from

effective date of these amendments] is deemed to be clear and reasonable if it complies

business from providing the amended warning prior to the operative date.

requirements in Section 25607.2 and is provided using one or more of the methods

required in Section 25602.

(b) Where the warning is provided on the food product label, it must be set off from

other surrounding information, enclosed in a box and comply with the content

requirements specified in Section 25607.2.

(c) Where a specific food product sign, label, or shelf tag used to provide a warning

includes consumer information in a language other than English, the warning must also

be provided in that language in addition to English.

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections

25249.6 and 25249.11, Health and Safety Code.

§ 25607.2. Food Exposure Warnings – Content

(a) A warning for food exposures, including dietary supplements, meets the

(3) For exposures to listed reproductive toxicants, the words, “Risk of

Reproductive Harm From [Name of one or more chemicals known to cause

reproductive toxicity] Exposure - www.P65Warnings.ca.gov/food.”

[Name of one or more chemicals known to cause cancer and reproductive

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections