March 2019 – Communicating Proposition 65 Information

The new “clear and reasonable” warning requirements under California’s Office of Environmental Health Hazard Assessment’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) become effective on August 31, 2018. The purpose of this document (available shortly) is to identify and clarify options available to ink manufacturers for communicating Proposition 65 information to their California-based customers.

• NAPIM Bulletin March 2019 – Revised Clear and Reasonable Warning Requirements – Ink Industry Impact Analysis
• NAPIM Bulletin June 2018 – Communicating Proposition 65 Information – Options for Ink Manufacturers.
• Proposition Clear and Reasonable Warning – Q and A for Businesses.
• Title 27 California Code of Regulations Article 6 Clear and Reasonable Warnings.
• Restricted Listings: Carbon Black and TiO2

August 2016 – New “Clear and Reasonable Warning” Rule

March 2019 – Communicating Proposition 65 Information On August 30, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) released final amendments to Proposition 65 warning regulations.

Significant Changes to the Rule

The new Clear and Reasonable Warning requirements make substantial changes to the P65 warning requirements (see below)

Compliance Dates

This rule becomes effective on August 30, 2018. In the interim, businesses may comply with the regulation in effect on August 30, 2016, or the provisions of the new regulation.

Ink Manufacturer Impact

The Clear and Reasonable Warning requirements of Prop 65 apply to businesses (e.g. ink manufacturers, printers, etc.) physically located in California. Non-California-based ink manufacturers supplying printing inks to California-based printers are not directly covered by the requirements of Proposition 65 but their California-based customers may be covered. The ink manufacturers’ role is to assist their California-based customers with necessary product formulation information (e.g. presence/identity of a Prop 65 listed substance in an ink formulation, etc.). Although the form and type of communication (e.g. technical data sheet, safety data sheet, product label, etc.) of this information is not specified in the Prop 65 regulations it should be sufficient* for the customer to assess Proposition 65 compliance requirements.

* The new warning requirements (effective August 30, 2018) will require the specific chemical identity of one (even if there are multiple) of the P65 chemicals triggering the warning.

Side-by-side comparison of existing and new warning requirements