California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 6 - Clear and Reasonable Warnings › Subarticle 1 - General › Section 25600 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Article 6, Subarticles 1 and 2 apply when a clear and reasonable warning is
					 required under Section
					 25249.6 of the Act. Subarticle 1
					 sets forth general provisions applicable throughout this article, including the
					 allocation of responsibility among parties when a warning for a consumer
					 product is required under the Act. Subarticle 2 provides "safe harbor" content
					 and methods for providing a warning that have been determined "clear and
					 reasonable" by the lead agency. Nothing in Article 6 shall be interpreted to
					 determine whether a warning is required for a given exposure under Section
					 25249.6 of the Act.
(b) A person may provide a warning that
					 complies with this article prior to August 30, 2018; such warning will be
					 deemed to be clear and reasonable. A warning for a consumer product
					 manufactured prior to August 30, 2018 is deemed to be clear and reasonable if
					 it complies with the September 2008 revision of this article.
(c) If the lead agency has not adopted a
					 specific product, chemical, or area exposure warning in Section
					 25607.1 et seq., an interested
					 party may request that the lead agency adopt one pursuant to Government Code
					 Sections
					 11340.6
					 and
					 11340.7.
					 (Petition for Rulemaking), or may request guidance from the lead agency
					 pursuant to Article 2, section
					 25203 (Interpretive Guideline
					 Request) or Article 2, section
					 25204 (Safe Use
					 Determination).
(d) A person is not
					 required to provide separate warnings to each exposed individual.
(e) A person that is a party to a
					 court-ordered settlement or final judgment establishing a warning method or
					 content is deemed to be providing a "clear and reasonable" warning for that
					 exposure for purposes of this article, if the warning complies with the order
					 or judgment.
(f) Nothing in
					 Subarticle 2 shall be construed to preclude a person from providing a warning
					 using content or methods other than those specified in Subarticle 2 that
					 nevertheless complies with Section
					 25249.6 of the Act.
1. New
						subarticle 1 (sections
						25600-25600.2) and new section
						filed 8-30-2016; operative 8-30-2018 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2016, No. 36).
2. Change without regulatory effect
						amending subsections (a) and (b) filed 1-9-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 2).
3. Change without regulatory
						effect removing prior version of article 6 (sections
						25600-25605.2, which became
						inoperative on 8-30-2018), removing explanatory note following current version
						of article 6 and amending section heading filed 8-30-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 35).
Note: Authority cited: Section
						  25249.12,
						  Health and Safety Code. Reference: Sections
						  25249.6
						  and
						  25249.11,
						  Health and Safety Code.