1 
 CALIFORNIA ENVIRONME NTAL PROTECTION AGENCY  
OFFICE OF ENVIRONMEN TAL HEALTH HAZARD AS SESSMENT  
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986  
PROPOSITION 65  
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  
December  17, 2021  
As required by Government Code section 11346.8(c), and Title 1, section 44 of the 
California 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 commen t period beginning December 17, 2021, that will close 
on January 14, 2022. Details on how to comment are given below.  
The Notice of Proposed Rulemaking was published on January 8, 2021, in the 
California Regulator y Notice Register  (Register No . Z2020 -1229- 01)
1. This  initiated a 
60-day2 public comment period, which was later extended to close  on March 29, 2021. 
A public hearing was held on March 11, 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 rulemaking 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 received, 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 
                                                 
1 Correction – The NPRM said “Section 25607.1 Food Exposure Warnings – Methods of Transmission” 
instead of “ Section 25607.2.”  
2 This comment period was longer than required by law to provide more time for public input due to the 
COVID -19 pandemic.  2 
 clarifications on the wording  of the warning . The se proposed changes are summarized 
below. The specific language modifications  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 about 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 available 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 i n online warnings  or in a catalog , respectively , had been 
eliminated. This change has been removed and the original regulatory language 
that allow s use of the short form warning on websites and in catalogs  remains . 
Several commenters stated that the proposed elimination of the short form 
warning option 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 the 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.  
• A dditional 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 consistent 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 ret ained.  
Accessing the Modified Regulatory Text  3 
 The full regulatory text, with all the modified language provided in double underline and 
double strikeout format , is available on the OEHHA website at www.oehha.ca.gov  or on 
request from Monet Vela in  the OEHHA Legal Office at monet.vela@oehha.ca.gov  or 
(916) 323- 2517.  
How to Provide Public Comment s 
OEHHA is requesting comments on the modifications to the proposed regulatory text. 
Any written comments concerning the modifications , regardless of the form or method of 
transmission , must be received by OEHHA no later than January 14, 20223, the 
designated close of the written comment period.  All comments will be posted  on the 
OEHHA website at the close of the public comment period.  
OEHHA recommends that the public submit written comments  electronically, rather than 
in paper form. Comments may be submitted electronically through our website at  
https://oehha.ca.gov/comments . Comments submitt ed in paper form can be mailed, 
faxed, or delivered in person to the address below . OEHHA encourages all commenters 
to submit their comments in a format compliant with the accessibility require ment s of 
Section 508 of the Rehabilitation Act and Section 255 of the Communications Act s o 
that they can be read using screen reader technology  and those with visual impairments 
are able to listen to them . 
All non -electronic submissions should be directed to:  
 Monet Vela  
Office of Environmental Health Hazard Assessment  
 1001 I Street, 23rd Floor  
P. O. Box 4010  
 Sacramento, California 95812- 4010  
 
Telephone: 916- 323-2517  
OEHHA is subject to the California Public Records Act and other laws that require the 
release of certain information upon request. If you provide comments, please be aware that your name, address and e- mail may be available to third parties.  
                                                 
3 The comment period was extended due to the holidays that occur during the comment period.