Interpretive Guideline

An Interpretive Guideline is an official statement issued by OEHHA that interprets Proposition 65 regulations as applied to specific factual scenarios, without creating new legal obligations. Interpretive Guidelines clarify how existing law applies and are available to any person or business seeking guidance. They are distinct from Safe Use Determinations (SUDs), which are issued in response to specific factual requests and can be relied upon as a defence to a subsequent enforcement action. Interpretive Guidelines are published on the OEHHA website and may address product categories, exposure scenarios, or warning format questions.

OEHHA Proposition 65 Interpretive Guidelines, available at oehha.ca.gov/proposition-65; California Health & Safety Code §25249.9.

Businesses uncertain about whether their specific product or exposure scenario requires a Proposition 65 warning can request an Interpretive Guideline from OEHHA. While not as protective as a Safe Use Determination, an Interpretive Guideline provides useful regulatory clarity. Published guidelines on specific industries (food, consumer products, workplaces) can inform compliance decisions without the need for a formal SUD request. Businesses should review existing OEHHA interpretive guidelines relevant to their industry before implementing compliance programmes.