Governor’s Prop 65 Strategy-Change the Regulations

By Agricultural Law

According to the California Environmental Insider, Governor Brown’s 2014-15 draft budget contains a proposal to allocate almost $800,000 to OEHHA (Office of Environmental Health Hazard Assessment) to revise the Prop 65 regulations and to finance the development of a website to provide detailed information about listed chemicals. Also according to CEI there does not appear to be current plans by the Governor’s office to amend the statute as was attempted this year.

As we indicated in prior blogs, there was an initial attempt last year to revise the Prop 65 statute to clarify issues with respect to litigation that would have placed a more significant burden on the Plaintiffs with respect to proving their cases.  In response there was an attempt by the plaintiff’s bar to require more stringent rules with respect to the scope, content and chemical specificity of label, which would likely have created additional litigation opportunities.  In the end legislation was passed that primarily effects environmental/restaurant exposure and allows a cure period and a maximum on penalties. At that time there was a pledge by OEHHA that they would try to address these issues and perhaps some of the Naturally Occurring evidentiary issues in the regulations.