California’s Office of Environmental Health Hazard Assessment (OEHHA) has published revisions to its proposal to develop a Proposition 65 warning website.
The changes address comments received earlier this summer on the agency’s proposal to establish a website that provides the public with information on exposure to substances required to be labeled under Proposition 65.
Specific amendments include:
Revised language and clarification on the anticipated functions of the agency’s site, changing its function from being an “interactive web portal to collect and display information to the public to a website that provides information to the public on the website concerning exposures to listed chemicals, including common routes or pathways of exposure;
The inclusion of a process by which companies and other entities can request correction of inaccurate information;
Revision of the agency’s disclaimer regarding information received from third parties;
A proposed requirement that businesses must respond to a request for information within 90 days;
a new provision allowing businesses to respond to information requests via trade groups; and
a new provision that explicitly states that businesses are not required to provide information to the agency that is subject to legal privilege.
While some of the revisions to the proposed website address concerns raised by industry, the website proposal is still viewed by many observers as a bitter pill for industry to swallow.
The website proposal faces strong and united opposition throughout the rulemaking process despite the concessions made in the revised draft regulations.