Cal. Code Regs. tit. 27 § 25602

Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 25602 - Consumer Product Exposure Warnings - Methods of Transmission
(a) Unless otherwise specified in Section 25607 et seq., a consumer product exposure warning meets the requirements of this subarticle if it complies with the content requirements in Section 25603 and is provided using one or more of the following methods:
(1) A product-specific warning provided on a posted sign, shelf tag, or shelf sign, for the consumer product at each point of display of the product.
(2) A product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning. This subsection does not apply to internet purchases, which are subject to the provisions of subsection (b).
(3) A warning on the label that complies with the content requirements in Section 25603(a).
(4) A short-form warning on the label that complies with the content requirements in Section 25603(b) and is provided on a product in a type size that complies with Section 25601(c). In no case shall the warning appear in a type size smaller than 6-point type.
(b) Internet purchases
(1) For internet purchases, a warning meets the requirements of this subarticle if it complies with the content requirements of Section 25603 and the warning must also be provided using one or more of the following methods:
(A) a warning on the product display page, or
(B) a clearly marked hyperlink using the word "WARNING" or the words "CA WARNING" or "CALIFORNIA WARNING" on the product display page that links to the warning, or
(C) an otherwise prominently displayed warning provided to the purchaser prior to completing the purchase. If the warning is provided using the short-form warning label content pursuant to Section 25602(a)(4), the warning provided on the website may use the same content. For purposes of this subsection, the warning is not prominently displayed if the purchaser must search for it in the general content of the website.
(2) For internet purchases made before January 1, 2028, a retail seller is not responsible under Section 25600.2(e)(4) for conspicuously posting or displaying the new warning online until 60 calendar days after the retailer receives a warning or a written notice under Section 25600.2(b) and (c) which updates a short-form warning compliant with Section 25603(c) with content compliant with Section 25603(b).
(c) For catalog purchases, a warning that complies with the content requirements of Section 25603(a) must also be provided in the catalog in a manner that clearly associates it with the item being purchased. If a short-form warning is being provided on the label pursuant to Section 25602(a)(4), the warning provided in the catalog may use the same content.
(d) Where a sign, labeling, or label, as defined in Section 25600.1, is used to provide a warning that includes consumer information about a product in a language other than English, the warning must also be provided in that language in addition to English.

Cal. Code Regs. Tit. 27, § 25602

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section 25249.6, Health and Safety Code.

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section 25249.6, Health and Safety Code.

1. Change without regulatory effect adding section filed 9-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 36).
2. Repealer and new section filed 8-30-2016; operative 8/30/2018 pursuant to Government Code section 11343.4(b)(2). For current law, see sections under Article 6, operative until August 30, 2018 (Register 2016, No. 36).
3. Change without regulatory effect amending subsections (b) and (c) filed 1/9/2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 2).
4. Amendment filed 11-20-2017; operative 8/30/2018 pursuant to Government Code section 11343.4(b)(2) (Register 2017, No. 47).
5. Change without regulatory effect amending section heading filed 8-30-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 35).
6. Amendment of subsection (a) filed 1-13-2021; operative 4/1/2021 (Register 2021, No. 3). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)
7. Amendment filed 11-26-2024; operative 1/1/2025 (Register 2024, No. 48).