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 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986
NOTICE OF MODIFICATION TO  PROPOSED REGULATION  AND ADDITION 
OF DOCUMENTS TO RULEMAKING FILE
TITLE 27, CALIFORNIA CODE OF REGULATIONS   
NEW SECTIONS 25607.48 AND 25607.49
ARTICLE 6 CLEAR AND REASONABLE WARNINGS 
WARNINGS FOR EXPOSURES TO GLYPHOSATE FROM CONSUMER 
PRODUCTS
April 13, 2022
Public Hearing Date: September 9, 2021
Public Availability Date: April 13, 2022
Deadline for Public Comment: April 28, 2022
The Office of Environmental Health Hazard Assessment (OEHHA) is providing 
notice of modifications made to a previously proposed regulation,  Title 27, 
California Code of Regulations, new sections 25607.48 and 25607.49  and 
addition of documents to the rulemaking file . It is providing this notice  pursuant to 
Government Code section s 11346.8(c)  and 11347 .1(b), and Title 1, California 
Code of Regu lations, section 44.
OEHHA  first proposed the regulation by publishing a Notice of Proposed 
Rulemaking  in the California Regulatory Notice Register (CRNR) on July 23 , 
20211. In parallel, OEHHA issued an Initial Statement of Reasons (ISOR) for the 
proposal. 
OEHHA provided a 76-day comment period  on the original proposal , extending 
from July 23 to  October 7 , 2021 . It held a public hearing on September 9, 2021. 
Since the close  of the comment period, OEHHA has determined modifications of 
the original regulatory text are needed . In addition, OEHHA is relying upon 
additional documents in this rulemaking  and is adding these documents to the 
                                                
1 CRNR 2021, Number 30 -Z; Notice File Number Z2021 -0713 -02- 2 - 
 rulemaking file. The purpose of this notice is to provide  the public with notice of 
(1) the modified proposed regulatory text  and (2) the additional documents 
included in the rulemaking file, and to open a 15-day public comment period , 
running from April 13, 2022, through April 28 , 2022.  Consistent with the 
Administrative Procedure Act, OEHHA will only address comments received 
during this comment period that address the  modifications to the text of the 
proposed regulation or documents added to the record. Details on how to  submit 
comments are provided below.
In the Final Statement of Reasons, OEHHA will respond to all comments 
received during the comment period s on the original July 2021 proposal and on 
the modified proposal. 
Summary of Proposed Modifications
OEHHA is modifying proposed Section 25607.49 , subsection (a)(3) as shown 
below. Additions and deletions to the proposed text are shown in double -
underline ( example ) and strike -out (example ), respectively.  
(3) The words, “Using this product can expose you to glyphosate. The 
International Agency for Research on Cancer classified glyphosate as 
probably carcinogenic to humans. US EPA has determined that 
glyphosate is not likely to be carcinogenic to humans; oth er authorities 
have made similar determinations. Other  authorities, including USEPA, 
have determined that glyphosate is unlikely to cause cancer, or that the 
evidence is inconclusive.  A wide variety of factors affect your potential  
personal cancer risk, in cluding the level and duration of exposure to the 
chemical. For more information, including ways to reduce your exposure, 
go to www.P65Warnings.ca.gov/glyphosate.”
A copy of the  full proposed regulatory text (new sections 25607.48 and 
25607.49), reflecting  the  modification , is provided as Attachment 1. 
During the comment period on the original proposal, OEHHA received comments 
regarding the description of the conclusions by various scientific bodies 
regarding the carcinogenicity of glyphosate.2OEHHA is addressing the points 
raised in these comments by: (1) separating  the description of the conclusion 
reached by the U.S. Environmental Pro tection Agency (US EPA) from the 
description of the conclusions reached by other authorities; (2) more closely 
                                                
2 The ISOR  describes the authorities’ conclusions in fuller detail. - 3 - 
 aligning the description of the conclusion reached by US EPA with the language 
US EPA used in its conclusion; and (3) changing the modifier of the term “ risk” in 
a manner that accounts for the diverging conclusions US EPA and other 
authorities reached. 
Over the years, OEHHA has  worked with US EPA to facilitate pesticide 
registrants receiving permission from US EPA to add Proposition 65 warning s to 
pesticide  product labels.34Given this past coordination, OEHHA sought input 
from US EPA on whether it could approve the warning language as set forth in 
this modified proposal , if a pesticide registrant  requested approval to include 
such language on labels of products containing glyphosate sold in California5. US 
EPA responded that it could approve the proposed language . Specifically, US 
EPA indicated that6
“it has determined that the new glyphosate -specific safe harbor language 
proposed in OEHHA’ s recent letter is sufficiently clear regarding EPA’s 
position and thus would not be considered false and misleading. 
Therefore, this revised language could be approved by EPA if pesticide 
registrants requested it for inclusion on glyphosate product labels , and the 
products would not be considered misbranded.”
OEHHA is adding the correspondence7with US EPA  referenced above to the 
rulemaking file as document s relied on for this rulemaking .  
Documents Added to the Record
In the interest of completeness and in accordance with Government Code 
section 11347.1, subdivision (a),  OEHHA has  also added to the rulemaking 
record the following documents  to those  it relies in this rulemaking : 
                                                
3 Title 27, Cal. Code of Regs., Subsection 25603(d) , provides that for a Proposition 65 warning on 
a pesticide product label regulated by US EPA  “the word “ ATTENTION ” or “ NOTICE ” in capital 
letters and bold type may be substituted for the word “ WARNING ” “.
4 US EPA Office of Pesticide Programs, Label Review Manual, Chapter 7 (Revised March 2018) 
section IV.A.4 stat es “California’s Proposition 65 may require the term “warning” be used on a 
label. However, registrants should use the term “notice” or “attention” instead, so that it does not 
conflict with the EPA required Signal Word.”
5 OEHHA, letter from Lauren Zeise,  Director, to Michal Freedhoff, US EPA Assistant 
Administrator , Office of  Chemical Safety and Pollution Prevention, March 21, 2022 . 
6 US EPA Office of Chemical Safety and Pollution Prevention, letter from Michal Freedhoff, 
Assistant Administrator, to Lauren Zeise, OEHHA Director, April 8, 2022 .
7 Freedhoff April 8, 2022 letter; Zeise March 21, 2022 letter.- 4 -·US EPA Office of Pesticide Programs, Label Review Manual, Chapter 7 
Precautio nary Statements (Revised March 2018), section IV Determining 
the precautionary labeling, Part A, Signal word, Section 4 Related 
information on Proposition 65 warnings, page 7 -4.
·OEHHA, letter from Lauren Zeise, Director, to Michal Freedhoff , US EPA 
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention , March 21, 2022 . 
·US EPA Office of Chemical Safety and Pollution Prevention , letter from 
Michal Freedhoff, Assistant Administr ator, to Lauren Zeise , OEHHA 
Director, April 8, 2022 .
·US EPA Office of Chemical Safety and Pollution Prevention, Letter from 
Michael L. Goodis , Direct or Registration Division, Office of Pesticide 
Programs, to registrants of products that contain glyphosate, Aug. 7, 
2019 .
Copies of these materials are available through links provided above or on 
OEHHA’s website at  https://oehha.ca.gov  or on request as provided below.
Submission of Public Comments
All written comments must be submitted to OEHHA by electronic submission, 
mail, or hand -delivery, by April 28 , 2022 , as indicated below. OEHHA strongly 
recommends that comments be submitted electronically through our website at 
https://oehha.ca.gov/comments , rather than in paper form.  Alternativel y, 
comments can be submitted in paper for m, by either mail or delivered in person . 
Electronic Submission (preferred):
Though OEHHA website at: https://oehha.ca.gov/comments  
Mailed Submission:
Attention: Monet  Vela 
Office of Environmental Health Hazard Assessment  
P. O. Box 4010
Sacramento, California 95812 -4010  
In-person delivery  submission :
Attention: Monet Vela 
Office of Environmental Health Hazard Assessment  - 5 - 
 1001 I Street, 23rd Floor  
Sacramento, Ca lifornia 95814  
OEHHA encourages all commenters to submit their comments in a format 
compliant with Section 508 of the federal Rehabilitation Act, Web Content 
Accessibility Guidelines  2.08and California Government Code sections 7405 and 
11135, so that th ey can be read using screen reader technology and those with 
visual impairments are able to listen to them.  
Inquiries concerning the action described i n this notice may be directed to Monet 
Vela, in writing at the address given above, by email at 
Monet.Vela@oehha.ca.gov , or by telephone at (916) 323 -2517.
                                                
8 https://www.w3.org/WAI/standards -guidelines/wcag/  Attachment to Notice of Modification of Regulatory Text  1Attachment 1: Modified Regulatory Text
Warnings for Exposures to Glyphosate from Consumer Products
Title 27, California Code of Regulations , New Sections 25607.48 a nd 25607.49  
Article 6 Clear and Reasonable Warnings
Section 25607. 48 Warnings for Exposures to Glyphosate from Consumer 
Product s – Methods of Transmission .
(a) A warning for exposures to glyphosate from consumer product s meets the 
requirements of this subarticle if it complies with the content requirements in Section 
25607.49 and is pro vided using one or more of the methods listed in Section 25602.
NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section 
25249.6, Health and Safety Code. 
Section 25607. 49 Warnings for Exposures to Glyphosate from Consumer 
Products – Content.
(a) A warning for exposures to glyphosate from consumer product s meets the 
requirements of this subarticle if it is provided using the methods required in Section 
25607. 48 and includes all the following elements: 
(1) The symbol required in Section 25603(a)(1). 
(2) The word s “CALIFORNIA PROPOSITION 65  WARNING” in all capital letters 
and bold print. 
(3) The words, “Using this product can expose you to glyphosate. The 
International Agency for Research on Cancer classified glyphosate as probably 
carcinogenic to humans.  US EPA has determined that glyphosate is not likely to 
be carcinogenic to humans; other authorities have made similar determinations.  
Other authorities, including USEPA, have determined that glyphosate is unlikely 
to cause cancer, or that the evidence is inconclusive.  A wide variety of factors 
affect your  potential  personal cancer risk, including the level and duration of 
exposure to the chemical. For more information, including ways to reduce your 
expos ure, go to www.P65Warnings.ca.gov/glyphosate .”
(b) Notwithstanding subsection (a), and pursuant to Section 25603(d), where the 
warning is provided on the product label, and the label is regulated by the United States 
Environmental Protection Agency under the Federal Insecticide, Fungicide, and Attachment to Notice of Modification of Regulatory Text  2Rodenticide 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 words “CA LIFORNIA  
PROPOSITION 65 WARNING”.
NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 
25249.6 and 25249.11, Health and Safety Code.