Safe Harbor Warning

A safe harbour warning is a specific warning format defined in OEHHA’s Title 27 CCR regulations that, when used exactly as specified, provides a legal presumption that the warning meets the ‘clear and reasonable’ standard required by Proposition 65. Using a safe harbour warning eliminates the need to individually demonstrate that the warning method and content are adequate. OEHHA provides safe harbour warnings for: consumer products (long-form and new short-form with chemical name, effective January 1, 2025); food products; environmental exposures; occupational exposures; motor vehicle parts (new, effective January 1, 2025); recreational marine vessel parts (new, effective January 1, 2025); and other categories.

Title 27 CCR §§25600–25900 (safe harbour warning regulations); OEHHA December 2024 amendments (effective January 1, 2025) adding §§25607.50–25607.53.

Using OEHHA’s safe harbour warning formats is strongly recommended because it provides maximum legal protection against Proposition 65 enforcement actions. Businesses should use the most specific applicable safe harbour warning for their product type (e.g., motor vehicle parts warning for automotive parts, food warning for food products). Custom warnings that do not exactly follow the regulatory format are legally riskier because the business must affirmatively demonstrate their adequacy if challenged. The January 2025 amendments added important new warning formats and should be reviewed by all businesses currently using Proposition 65 warnings.