Prop 65 New Safe Harbor Warnings Proposed for Residential Housing

Under California Proposition 65, which requires that the public be provided warnings with regard to the exposure to certain identified chemicals, the  Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend Article 6 of Title 27 of the California Code of Regulations. The amendment to the August 2016 regulations will adopt Sections 25607.34 and 25607.35 to include tailored warnings for  safe harbor exposure warnings for exposures to listed chemicals that can occur at residential rental properties. Safe harbor warnings are developed by the State to allow the relevant entities to provide warnings presumed to be clear and reasonable under Prop 65. The complete text of the warnings can be found at:  

  https://oehha.ca.gov/media/downloads/crnr/030218amendmentregtext.pdf

These proposed safe harbor warning are for residential rental properties.

 A warning for exposures to listed chemicals at a residential rental property meets the requirements of the safe harbor if it complies with the content requirements in Section 25607.35,(see below) and:

(1) Is provided to each known adult occupant at the time of renting, leasing, letting, or hiring out the property, and

(2) Is provided annually directly to the known adult occupants of the property in hard copy or electronic form or in each lease or rental agreement, renewal or amendment for the property.(25607.34)

          If the lease documents are provides in any other language then English, then the warning must be provided in that language as well.  

          In addition to the warning specified in this section, residential rental properties may also have to provide warnings for enclosed parking facilities pursuant to Sections 25607.20, and 25607.21,and designated smoking areas pursuant to Sections 25607.28 and 25607.29, where exposures to listed chemicals from any enclosed parking facilities and designated smoking areas can occur on the property.

A warning for exposures to listed chemicals at a residential rental property meets the requirements of the safer harbor  if it is provided using the methods required in Section 25607.34 and includes all the following elements:

(1) Yellow warning symbol

(2) The word “WARNING:” in all capital letters and bold print.

For exposures to listed carcinogens:

“[Name of one or more exposure source(s)] on this property can expose you to chemicals including [name of one or more chemicals] which is [are] known to the State of California to cause cancer. Talk to your landlord or the building owner about how and when you could be exposed to these chemicals in your building. For additional information go to  www.P65Warnings.ca.gov/apartments.”

For exposures to a single carcinogen:

“[Name of one or more exposure source(s)] on this property can expose you to [name of chemical] which is  known to the State of California to cause cancer. Talk to your landlord or the building owner about how and when you could be exposed to this chemical in your building. For additional information go to www.P65Warnings.ca.gov/apartments.”

 For exposures to listed reproductive toxicants:

           “[Name of one or more exposure source(s)] on this property can expose you to chemicals including [name of one or more chemicals] which is [are] known to the State of California to cause birth defects or other reproductive harm. Talk to your landlord or the building owner about how and when you could be exposed to these chemicals in your building. For additional information go to www.P65Warnings.ca.gov/apartments.”

 For exposures to a single reproductive toxicant, the following words may be used:

“[Name of one or more exposure source(s)] on this property can expose you to [name of chemical] which is known to the State of California to cause birth defects or other reproductive harm. Talk to your landlord or the building owner about how and when you could be exposed to this chemical in your building. For additional information go to www.P65Warnings.ca.gov/apartments.”

 For exposures to both listed carcinogens and reproductive toxicants:

            “[Name of one or more exposure source(s)] on this property can expose you to chemicals including[name of one or more chemicals] which is [are] known to the State of California to cause cancer and [name of one or more chemicals] which is [are] known to the State of California to cause birth defects or other reproductive harm. Talk to your landlord or the building owner about how and when you could be exposed to these chemicals in your building. For additional information go to www.P65Warnings.ca.gov/apartments.”

 For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant : 

 “[Name of one or more exposure sources(s)] on this property can expose you to [name of one or more chemicals] which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. Talk to your landlord or the building owner about how and when you could be exposed to this chemical in your building. For additional information go to www.P65Warnings.ca.gov/ apartments.”

Any written comments concerning this proposed regulatory action, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on April 16, 2018, 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.