G/TBT/N/USA/2064  
6 November 2023  
(23-7458) 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 (OEHHA), State of California [2095]  
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 [  ], 3.2 [X], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Consumer 
product exposure warnings; Special purpose vehicles (ICS code(s): 43.160); Small craft 
(ICS code(s): 47.080); Prepackaged and prepared foods (ICS code(s): 67.230)  
5. Title, numb er of pages and language(s) of the notified document:  Notice of 
Proposed Rulemaking and Announcement of Public Hearing: Amendments to Article 6, 
Clear and Reasonable Warnings Safe Harbor Methods and Content; (9 page(s), in English)  
6. Description of conte nt: Proposed rule - Office of Environmental Health Hazard 
Assessment (OEHHA) proposes to amend Title 27 of the California Code of Regulations, 
Sections 25601, 25602, 25603, and 25607.2 and adopt new Sections 25607.50, 
25607.51, 25607.52, and 25607.53. The proposal intends to make the Proposition 65 
short-form warning more informative to consumers, clarify existing safe harbor warning 
requirements for products sold on the internet and in catalogs, add signal word options 
for food warnings, clarify that short -form warnings may be used to provide safe harbor 
warnings for food products, and provide new tailored safe harbor warnings for passenger 
or off -highway motor vehicle parts and recreational marine vessel parts.  
OEHHA has scheduled a public hearing on 13 De cember 2023, at 10:00 a.m. Pacific 
Standard Time (PST)  in the Sierra Hearing Room located at the CalEPA Headquarters at 
1001 I Street in Sacramento to receive comments a bout this action. The hearing will be 
hybrid, conducted both remotely and in person. Information concerning how to participate 
in the hearing remotely will be posted on OEHHA's website prior to the hearing: 
https://oehha.ca.gov/events -search . 
Anyone who has special accommodation or language needs is asked to contact Monet 
Vela by telephone at +1 (916) 323 -2517 or by email  at monet.vela@oehha.ca.gov . 
TTY/TDD/Speech -to-Speech users may dial 7 -1-1 for the California Relay Service.  G/TBT/N/USA/2064  
 
- 2 - 
 
  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Protection of human health or safety  
8. Relevant documents:   
Notice of Proposed Rulemaking and Announcement of Public Hearing: 
https://oehha.ca.gov/proposition -65/crnr/notice -proposed -rulemaking -and-
announcement -public -hearing -amendments -article -6 
Notice of Propos ed Rulemaking Clear and Reasonable Warnings: Short -form Warnings: 
https://oehha.ca.gov/media/downloads/crnr/nprmshortformamendments102723.pdf  
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and 
their s takeholders by 4pm Eastern Time  on 20 Dece mber 2023 will be shared with the 
California Office of Environmental Health Hazard Assessment (OEHHA).  
Previous, related US notifications accessible in ePing: 
https://epingalert.org/en/Search/Index?domainIds=1&countryIds=C840&freeText=cata
log&distributionDateFrom=2020 -01-06&distributionDateTo=2021 -12-29 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  20 December 2023  
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/2023/TBT/USA/23_1331 6_00_e.pdf