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OEHHA Proposes Amendments to Notice of Violation Regulations

OEHHA Proposes Amendments to Notice of Violation Regulations

Author: Jack Schatz/Thursday, May 25, 2017/Categories: California Law and Regulation, OEHHA, Prop65, Litigation, Regulatory Proposals, Attorney General, Other Public Prosecutors

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The California Office of Environmental Health Hazard Assessment (OEHHA) is proposing regulatory amendments that will clarify the content required in 60-Day Notices of violation served on alleged violators of Proposition 65.


Businesses failing to give a “clear and reasonable warning” before exposing an individual to a Prop 65-listed chemical or substance may be sued by private individuals acting in the public interest. Private citizen enforcers (AKA bounty hunters) must submit a valid 60-Day Notice of Violation (NOV) to public prosecutors and the alleged violator(s) at least 60 days before a Proposition 65 enforcement action can be filed.

The proposal calls for amendments to "clarify the information required in a valid notice of violation."


This proposal includes amending the content requirements for NOVs involving occupational exposure, to cross-reference mandatory language required under state occupational health regulations.


It also proposes moving, to a separate appendix, special compliance procedural forms that must be used for certain exposures, such as those related to alcoholic beverages or diesel and engine exhaust.


OEHHA notes in its regulatory proposal that citizen enforcers and alleged violators will benefit from the proposed amendment because it will clarify the information required in a valid notice of violation.  These clarifications will ensure that alleged violators are correctly and fully informed of proper compliance procedures.


OEHHA is accepting public comments on the proposed amendments through the close of business on July 3, 2017.

The public is encouraged to submit written information via e-mail, rather than in paper form.  Send e-mail comments to sends e-mail).  Please include “Notice of Violation Amendments” in the subject line. 


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