OEHHA Announces Potential Amendments to the Prop 65 Regulations

July 27, 2026 Perspectives

On July 22, 2026, OEHHA announced potential amendments to the Prop 65 regulations. 

As a reminder, California’s Proposition 65 (commonly referred to as “Prop 65”) requires businesses with 10 or more employees to provide a clear and reasonable warning before exposing any individual to any of over 900 currently listed chemicals.

Among other things, the potential amendments are intended to do the following:

  • Clarify that, as indicated in the reference to “chemicals including” in long-form warnings, short-form warnings also need only list one chemical. Clarifications would also be made regarding short-form warning provisions for food exposures.
  • Clarify that a listed chemical may not be naturally occurring, and thus may still be considered to cause an exposure for the purposes of Prop 65, when the chemical was extracted or concentrated from any source (e.g., a plant) and even where the Chemical Abstracts Service Registry Number does not change.
  • Clarify when warnings are required for internet purchases.
  • Simplify the language regarding retailers’ responsibilities to give manufacturer warnings.
  • Add Quick Response (QR) codes as a warning method, when the QR code (1) is included on a posted sign, shelf tag, shelf sign, or on a label or labeling, (2) accesses a web page containing a warning that complies with the content requirements in Section 25603, and (3) is accompanied by a statement reading “Proposition 65 Warning for [name of one or more chemicals]. For more information, scan the QR code.”
  • Provide greater flexibility for warnings regarding parts for off-road vehicles, construction equipment, mining equipment, agriculture equipment, non-road, off-road equipment, and forestry equipment.

A workshop on the potential amendments will be held on Thursday, July 30, at 10 am PST, and public comments may be submitted until Monday, September 7.

More information on the rulemaking can be found here, and the potential amendments can be found here.