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ACA Advises Members on New Prop. 65 Warning Regs

American Coatings Association is drafting a guidance for its members concerning the new Proposition 65 warning regulations (pdf). Although the ACA does not expect to have the guidance until early 2017 they have set out to clarify parts of the new regulations.

They point out that safety data sheets are not a method for transmitting Prop. 65 warnings. Regarding pictograms, ACA gained clarification on the following:

  • Companies are recommended to use the "reasonable man" test to determine which color of yellow would trigger the need for the Prop. 65 pictogram to also be in color.

  • OEHHA has released images of the pictogram online for businesses to use.

  • Companies should view the product label as the "entire label" associated with the product. So, if the product has yellow on the front panel, it would trigger the color pictogram requirement even if the warning content is on the back panel or on a separate panel on the label.


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