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On Wednesday, the California Office of Environmental Health Hazard Assessment (OEHHA) hosted a public hearing on its proposal to change Prop 65 short-form warning requirements. NMMA and its members have been working with the California regulator to provide clarity around the labeling proposal and its impact to the recreational boating industry.

Dave Marlow, Senior Director of Product Integrity for Brunswick Corporation, delivered testimony during the hearing. In his remarks, Mr. Marlow thanked OEHHA for working with the recreational boating industry on the revisions and noted, “NMMA supports the safe harbor language proposed for [marine] parts and accessories. We also support the specific language in the rule for Proposition 65 warnings for products sold on the internet.”

NMMA has been working with OEHHA since 2021 to develop a more targeted approach to marine products since they originally proposed changes to the Prop 65 short-form warning label. In its new proposal, OEHHA includes “safe harbor language” for recreational marine vessel parts and offers clarity and consistency for Prop 65 warnings for products sold online – both of which were top priorities for NMMA. Compliance with the Prop 65 warning language for paper catalogues remains a point of discussion between NMMA and OEHHA officials.

OEHHA began its rulemaking process in January 2021, and subsequently, proposed several amendments to the original proposal of changing the short-form warning. Throughout the process, NMMA has submitted public comments, partnered with stakeholders, and met several times with OEHHA to discuss the impact the proposal would have on the industry. NMMA will continue to monitor the regulatory process and meet directly with OEHHA to discuss the impact this would have on the recreational marine industry.

If you have any questions or would like additional information, please contact NMMA director of federal government relations Clay Crabtree at [email protected].