G/TBT/N/USA/1691/Add.2  
 
21 December  2021 
(21-9551) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  21 December 2021 , is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title: Amendments to Article 6, Clear and Reasonable Warnings Short -form Warnings  
 
Reason for Addendum:  
[  ] Comment period changed - date:   
[  ] Notified measure adopted - date:  
[  ] Notified measure published - date:  
[  ] Notified measure enters into force - date:  
[  ] Text of final measure available from1:  
[  ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[X] Content or scope of notified measure changed  and text available from1: 
https://oehha.ca.gov/media/downloads/crnr/shortformmodifiedregtext121321.pdf  
https://oehha.ca.gov/media/downloads/crnr/noticeshortformreg121321.pdf  
https://members.wto.org/crnattachments/2021/TBT/USA/modification/21_7970_00_e.
pdf 
https://members.wto.org/crnattachments/2021/TBT/USA/modification/21_7970_01_e.
pdf 
New deadline for comments (if applicable):  14/01/2022  
[  ] Interpretive guidance issued and text available from1:  
[  ] Other:  
 
Description:  TITLE: Proposed Amendments to Article 6 Clear and Reasonable Warnings – Short 
Form 
AGENCY: California Office of Environmental Health Hazard Assessment (OEHHA)  
ACTION: Notice of Modification to Text of Proposed Regulation Title 27, California Code of 
Regulations Proposed Amendments to Article 6 Clear and Reasonable Warnings – Short Form  
Public Comments Date: Friday, 17 December 2021 to Friday, 14 January 2022  
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1691/Add.2  
 
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  Published: https://oehha.ca.gov/proposition -65/crnr/notice -modification -text-proposed -regulation -
title-27-california -code-3 
As required by Government Code section 11346.8(c), and Title 1, section 44 of the Cal ifornia Code 
of Regulations, the Office of Environmental Health Hazard Assessment (OEHHA) is providing notice 
of changes to the proposed regulatory action to amend California Code of Regulations, Title 27, 
Section 25602, Consumer Product Exposure Warnings – Methods of Transmission, Section 25603, 
Consumer Product Exposure Warnings – Content, and Section 25607.2 Food Exposure Warnings – 
Content. This notice initiates a public comment period beginning December 17, 2021, that will close 
on January 14, 2022. De tails on how to comment are given below.  
The Notice of Proposed Rulemaking was published on 8 January 2021, in the California Regulatory 
Notice Register (Register No. Z2020 -1229-01). This initiated a 60 -day public comment period, which 
was later extended t o close on 29 March 2021. A public hearing was held on 11 March 2021, where 
OEHHA received 21 oral comments. One hundred sixty written comments were received during the 
comment period.  
Summary of Modifications to Proposed Rulemaking: The proposed rulemakin g would amend the safe 
harbor warning regulations to improve the short -form warnings to provide consumers more specific 
information, and to limit the use of the safe harbor short form warning to small products. After 
carefully reviewing the comments receiv ed, OEHHA has modified the proposed regulation to, among 
other things: increase the maximum label size for short -form warnings from 5 square inches to 12 
square inches; allow use of the short -form warning on the internet or in catalogs where the short 
form warning is used on the product label; provide additional signal word options; provide additional 
warning language options; and provide minor clarifications on the wording of the warning. These 
proposed changes are summarized below. The specific language m odifications to the proposed 
regulation are shown in the regulatory text.  
In Section 25602(a)(4)(A), OEHHA increased the maximum label size for short form warnings from 
5 square inches to 12 square inches. OEHHA received several comments raising concerns a bout the 
originally proposed maximum label size of 5 square inches. After considering these comments, 
OEHHA determined a 12 square inch limit would accommodate these concerns, while still limiting 
use of the short -form warnings to packages with limited ava ilable label space for consumer product 
information that would not easily accommodate the full warning.  
In the original proposal, in Sections 25602(b) and (c), the option to use the short form warning 
content in online warnings or in a catalog, respectivel y, had been eliminated. This change has been 
removed and the original regulatory language that allows use of the short form warning on websites 
and in catalogs remains. Several commenters stated that the proposed elimination of the short form 
warning optio n for internet websites and in catalogs could result in varying warning language for the 
same products. OEHHA also concluded that the proposed limitation could increase product retailer 
responsibility, rather than allowing them to rely on the warnings on t he product label or those 
provided to them by product manufacturers or others in the chain of commerce. or chemical 
manufacturers. OEHHA therefore returned to the original language. This provides consistency along 
the supply/distribution chain and conforms  to the existing regulations in Section 25600.2.  
Additional signal word options "CA WARNING" or "CALIFORNIA WARNING" were added in several 
sections to allow businesses to make clear that the warning is being given pursuant to California 
law. This is consis tent with other regulations proposed by OEHHA in the last several months. 
Businesses would still have the option to use the signal word "Warning".  
OEHHA is also providing an additional warning option that more directly addresses exposure to 
carcinogens or reproductive toxicants to provide an additional safe harbor warning that can be used 
on the product label.  
In several sections the word "product" was removed from the proposed term "product label". The 
existing term "label" remains. Some commenters stated that the phrase "product label" was 
undefined and confusing. Since OEHHA had no intention of changing the meaning, the original term 
was retained.  
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 14 January 2022. Comments received 
within the c omment period by the USA TBT Enquiry Point from WTO Members and their stakeholders 
will be shared directly with the California OEHHA and will also be submitted per the instructions 
accessible at https://oehha.ca.gov/proposition -65/comments/comment -period -notice -modification -G/TBT/N/USA/1691/Add.2  
 
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  text-proposed -regulation -title-27. Public comments submitted on this action will be accessible at 
https://oehha.ca.gov/comments . 
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