G/TBT/N/USA/1755  
2 August 2021  
(21-6019) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
 NOTIFICATION   
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California  
2. Agency responsible:  Office of Environmental Health Hazard Assessment, State of 
California [1784]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other : Technical 
Regulation - Local Government (Article 3.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Glyphosate warnings for exposure; Environmental protection (ICS 13.020), Domestic 
safety (ICS 13.120), Pesticides and other agrochemicals (ICS 65.100)  
5. Title, number of pages and langu age(s) of the notified document:  Warnings for 
Exposures to Glyphosate from Consumer Products New Sections 25607.48 and 25607.49 
(2 page(s), in English)  
6. Description of content:  Proposed rule - The new regulation would further the "right -to-
know" purpose s of the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly 
known as "Proposition 65", and provide warning language tailored for exposures to 
glyphosate that exceed its NSRL. The content and methods provided in the proposed 
regulation are deem ed "clear and reasonable" by the lead agency for purposes of the Act. 
The proposed warning content is also intended to provide balanced and understandable 
information to individuals who may be exposed to glyphosate. This proposed rulemaking 
would add Secti ons 25607.48 and 25607.49 to the Title 27, Article 6 Clear and Reasonable 
Warning regulations. The proposed regulations would provide safe harbor guidance for 
businesses that cause consumer product exposures to glyphosate that require a warning. 
The new re gulation would further the "right -to-know" purposes of the Act and provide 
warning language tailored for these exposures. Businesses who choose to provide the 
safe harbor warning language for such exposures would comply with the Act, because the 
content an d methods provided in the regulation are deemed "clear and reasonable" by 
the lead agency for purposes of the Act. The warning content is intended to provide 
balanced and understandable information to individuals who may be exposed to 
glyphosate at levels requiring warning.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection; Protection of human health or safety  G/TBT/N/USA/1755  
 
- 2 - 
 
  8. Relevant documents:   
Notice of Proposed Rulemaking, Warnings for Exposures to Glyphosate from Consumer 
Products New Sections 25607.48 and 25607.49:   https://oehha.ca.gov/proposition -
65/crnr/notice -proposed -rulemaking -warnings -exposures -glyphosate -consumer -
products -new 
Regulation Text: 
https://oehha.ca.gov/media/downloads/crnr/glyphosateproposedregtext071921.pdf  
Initial Statement of Reasons: 
https://oehha.ca.gov/media/downloa ds/crnr/glyphosateisor071921.pdf  
G/TBT/N/USA/1691 and G/TBT/N/USA/1691/Add.1  - Amendments to Article 6, Clear and 
Reasonable Warnings Short -form Warnings  
WTO Members and their stakeholders are asked to submit comments via e -mail to the 
USA TBT Enquiry Point at  usatbtep@nist.gov  by or before 4pm EST on 7 September 2021. 
Comments received within the comment period by the USA TBT Enquiry Point from WTO 
Members and their stakeholders will be shared with the regulat or and will also be 
submitted at  https://oehha.ca.gov/proposition -65/comments/comment -submissions -
notice -proposed -rulemaking -warnings -exposures -glyphosate  per instructions provided 
by California's Office of Environmental Health Hazard Assessment (OEHHA).  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  7 September 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_5014_00_e.pdf  
https://members.wto .org/crnattachments/2021/TBT/USA/21_5014_01_e.pdf