California’s Office of Environmental Health Hazard Assessment (“OEHHA”) finalized substantial amendments to the regulations governing the provision of warnings required by “Proposition 65”.
The major new provisions of the Proposition 65 warning regulations for craft breweries appear below. The final rule becomes fully effective on August 30, 2018; until then, both the old and the new warnings can be used.
The warning for alcoholic beverages now reads: “WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information, go to www.P65Warnings.ca.gov/alcohol.”
For any establishment serving alcohol, the warning at minimum should be on an 8½ by 11-inch sign placed at eye level in a location that is obvious to customers at each public entrance, or can be placed on a menu or beer list. The requirement to provide warnings in any additional languages applies here as well.