CBL has been looking at the new changes to the new Proposition 65 regulations. The changes included some new, unusual and difficult requirements for furniture and motor vehicles. These haven’t improved any, but they have changed, and in our last installment on the changes (at least for now) we review them today.
FURNITURE WARNINGS
Furniture warning requirements under the 2016 revisions were complex and difficult. They have not improved with the revisions, but the text of one of the
notices has changed. The regulations provide that safe harbor warnings for furniture must include both a warning on the product, its package or its labeling and a notice on either a sign in the store or the printed receipt. Considering that primary Proposition 65 warning responsibility is supposed to lie with manufacturers, importers, distributors and the like and not with retailers, it is certainly puzzling how the non-retailers in the stream of commerce can ensure compliance.
Under the revisions to section 25607.13, subpart (a)(2), the language for the signage or the receipt has been changed as follows:
NOTICE: Some furniture products can expose you to chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. Please check the on-product label for warning information.
MOTOR VEHICLE WARNINGS
As revised in 2016, the regulations had exceptionally specific and detailed safe harbor warning regulations that shifted a great deal of burden from manufacturers and distributors to motor vehicle dealers selling used vehicles. Now, these have been modified somewhat, limiting the special diesel regulations to diesel engines other than in passenger vehicles, pickup trucks and vans. As revised, sections 25607.14, 25607.15, 25607.16 and 25607.17 state as follows:
- 25607.14. Diesel Engine Exposure Warnings (Except Passenger Vehicle, Pickup Truck, or Van Engines) – Methods of Transmission.
(a) A warning for a consumer product exposure to diesel engine exhaust from equipment other than passenger vehicle, pickup truck, or van engines meets the requirements of this subarticle if it complies with the content requirements in Section 25607.15 and is provided using the following combination of methods:
(1) The warning is printed in the owner’s manual for the specific vehicle, engine, or other equipment. Such notice must be printed in no smaller than 12-point type, be enclosed in a box and appear inside or outside the front or back cover of the manual or on the first page of the text, and
(A) The warning is provided on a label permanently attached to the product in a location that is easily visible to the operator of the vehicle, engine, or other equipment when it is being operated, or
(B) If other warnings or operating instructions are provided in an on-screen display, the warning is provided in that manner, using the same type size as other operator warnings. In no case shall the warning appear in a type size smaller than 8-point.
- 25607.15. Diesel Engine Exposure Warnings (Except Passenger Vehicle, Pickup Truck, or Van Engines) – Content.
(a) A warning for a consumer product exposure to diesel engine exhaust from products other than passenger vehicle, pickup truck, or van engines meets the requirements of this subarticle if it is provided using the combination of methods required in Section 25607.14 and includes all the following elements:
(1) The symbol required in Section 25603(a)(1).
(2) The word “WARNING:” in all capital letters and bold print.
(3) The words, “Breathing diesel engine exhaust exposes you to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
- Always start and operate the engine in a well-ventilated area.
- If in an enclosed area, vent the exhaust to the outside.
- Do not modify or tamper with the exhaust system.
- Do not idle the engine except as necessary.
For more information go to www.P65warnings.ca.gov/diesel.”
- 25607.16. Vehicle Exposure Warnings – Methods of Transmission.
(a) A warning for exposures that occur during the operation, service, and maintenance of a “passenger vehicle,” as defined in Vehicle Code Section 465, a pickup truck, a van, or an “offhighway motor vehicle,” as defined in Vehicle Code Section 38012(b), meets the requirements of this subarticle if it complies with the content requirements in Section 25607.17 and is provided using both of the following methods:
(1) The warning is printed in the owner’s manual for the passenger vehicle, pickup truck, van, or off-highway motor vehicle, in no smaller than 12-point type enclosed in a box printed or affixed to the inside or outside of the front or back cover of the manual or on the first page of the text; and
(2) The warning is provided on a label attached to the front window on the driver’s side of the passenger vehicle, pickup truck, van, or off-highway motor vehicle. If the vehicle does not have a driver’s side window, the warning may be provided on a hang tag which is hung from the rear view mirror. If the vehicle does not have a driver’s side window or rear view mirror, the warning may be placed in another prominent location. The label need not be permanently affixed.
- 25607.17. Vehicle Exposure Warnings – Content.
(a) A warning for exposures that occur during the service, operation, and maintenance of a passenger vehicle, pickup truck, van, or off-highway motor vehicle meets the requirements of this subarticle if it is provided using the methods required in Section 25607.16 and includes all the following elements:
(1) The symbol required in Section 25603(a)(1).
(2) The word “WARNING:” in all capital letters and bold print.
(3) The words, “Operating, servicing and maintaining a passenger vehicle, pickup truck, van, or off-highway motor vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle. For more information go to www.P65Warnings.ca.gov/passenger-vehicle.”
The adventures from all of this in the private party enforcement / bounty hunting world are not likely to start until late 2018 or early 2019. Cal Biz Lit will be watching closely to see what happens.
