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Summary: New Proposition 65 Warning Regulations

(August 2, 2018)

Proposition 65 Warning Regulations Synopsis

(Adopted 8/30/2016)

BPA Emergency Warning Regulation

(Adopted 5/11/2016; In Effect Until 12/31/2017)

Proposition 65: Pre-Regulatory Draft Regulations

Comments on Warning Regulation Discussion Draft​ (10/10/2014)

Coalition Letter to Office of Environmental Health Hazard Assessment (OEHHA) (6/12/2014)

Consumer Products Draft Regulations (Green Chemistry)

Letter to Department of Toxic Substances Control (2/28/2013)

Major Victories

Safeguarded businesses’ ability to innovate in 2018 by:

  • Stopping a bill requiring manufacturers of electronics and appliances sold in California to provide any repair person with software, parts and tools to repair the products (AB 2110).
  • Blocked efforts to place ridiculous restrictions on use of bots (AB 1950).

Prevented passage of proposals in 2017 threatening energy reliability (AB 127); banning expanded polystyrene foam food service containers (SB 705); and increasing permitting fees and delays (SB 774).

Stopped bills in 2016 leading to increased environmental litigation (AB 2748) and frivolous litigation about alleged gender-based pricing of goods (SB 899).

Led coalition in 2016 that stopped a bill that would have stifled innovation and imposed unnecessary burdens on businesses by requiring manufacturers of specific consumer products to disclose ingredients on product labels and the internet without protecting confidential business information (AB 708).

Halted expensive unnecessary regulatory burdens, such as an expanded waste bureaucracy in 2010 (AB 479, AB 737) and a 2012 vote rejecting a ban on the use of polystyrene foam food containers (SB 568); and in 2013 an expansion of reasons to sue under the California Environmental Quality Act (SB 617, SB 754).

Issue Summaries

Proposition 65 Landscape

Position: The CalChamber supports the underlying intent of Proposition 65, which is to ensure that consumers can make reasoned and informed choices when they purchase consumer products or enter certain establishments. Unfortunately, the intent of Proposition 65 has been undermined by ever-increasing attempts to use the law solely for personal profit, which has exploded into a million-dollar cottage industry. For this reason, the CalChamber ardently supports reforms to end frivolous, “shakedown” lawsuits, improve how the public is warned about dangerous chemicals, and strengthen the scientific basis for warning levels and initial listings.

Although achieving these goals legislatively has proven nearly impossible, the CalChamber remains committed to initiating or supporting legislative efforts that seek to restore the original intent of the law. Whether reforms are proposed in the legislative or regulatory forum, the CalChamber will continue to engage policy makers and OEHHA to ensure that any proposed changes to Proposition 65 are in line with the original intent of the statute.
Proposition 65 Landscape

Single-Use Packaging

Position: The California Chamber of Commerce supports economically practical recycling programs that the regulated community can comply with and which yield environmental benefits. In making these statewide policy decisions about the management of California’s waste, the Legislature must balance a plethora of policy impacts on companies and consumers against the perceived environmental benefits. The CalChamber supports maintaining legislative oversight to ensure that any proposed regulations are balanced properly against other state goals and policies.
Single-Use Packaging

2020 Business Issues Guide

Recent News

Product Regulation Bills

Recycling Bills

Regulations

Reports

Coalitions

Committees

Staff Contact

Adam RegeleAdam Regele
Policy Advocate
Environmental Policy,
Housing and Land Use,
Product Regulation