California Proposition 65: What OEHHA’s 2026 Omnibus Could Change

This blog was originally posted on 12th August, 2026. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY LUISA TORO CORREA, REGULATORY COMPLIANCE SPECIALIST, ADHERENT

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California’s Omnibus 2026 initiative could lead to changes across several areas of Proposition 65, including short-form warnings, internet sales, retailer responsibilities, QR code warnings and naturally occurring chemicals. The proposals remain at the pre-rulemaking stage and do not change the Proposition 65 requirements currently in effect.

Table of Contents

• OEHHA Opens Discussion on Potential Proposition 65 Amendments
• Eight Areas Under Consideration
• Internet Sales, Retailer Responsibilities and QR Code Warnings
• Clarifying Naturally Occurring Chemicals
• What Happens Next?
• Frequently Asked Questions

OEHHA Opens Discussion on Potential Proposition 65 Amendments

On July 30, 2026, California’s Office of Environmental Health Hazard Assessment (OEHHA) held a pre-regulatory workshop to discuss potential amendments to the Proposition 65 regulations as part of its Omnibus 2026 initiative. The workshop covered eight areas in which potential regulatory changes are being considered and provided stakeholders with an opportunity to comment during this pre-rulemaking stage.

Eight Areas Under Consideration

The potential amendments cover several aspects of Proposition 65 warnings and administration. These include a new tailored warning option for certain off-road vehicle and equipment parts; technical revisions to short-form warning language; changes to voting requirements for OEHHA’s scientific advisory committees; clarification of when chemicals are considered naturally occurring; and revisions related to internet sales and retailer responsibilities. OEHHA is also considering using QR codes to provide Proposition 65 warnings, along with several technical updates to regulatory citations.

Short-Form Warning Changes

For short-form warnings, the draft includes a technical change intended to align the wording with the full-length warning provisions and clarify that businesses may identify one or more chemicals in the warning. The change would apply to both general consumer product short-form warnings and food product short-form warnings.

Internet Sales, Retailer Responsibilities and QR Code Warnings

For businesses selling consumer products, several of these proposals are particularly relevant. For internet sales, the draft would clarify that the required warning must be provided in connection with the online purchase and also on or with the product upon delivery.

Retailer Responsibilities

Changes are also being considered to the provisions addressing retailer responsibility for warnings. The proposal would clarify that a retailer may be responsible where it fails to provide the consumer with a warning that was provided to the retailer. During the workshop, OEHHA explained that this could apply, for example, when individual products are removed from packaging that contained the warning and are then sold separately without the warning reaching the consumer.

QR Code Warnings

Another proposal would allow the use of a QR code as a warning method. Under the draft language, the QR code could appear on a sign, shelf tag, shelf sign, label or labeling and would direct the consumer to a webpage containing the required Proposition 65 warning.

Clarifying Naturally Occurring Chemicals

The Omnibus initiative also includes proposed amendments concerning naturally occurring chemicals in food. The proposal would clarify when extraction or concentration may be considered “human activity,” including situations where the chemical’s CAS Registry Number does not change. According to the workshop materials, whether a chemical is present as a result of human activity would continue to depend on the specific facts.

What Happens Next?

These potential changes are still at the pre-rulemaking stage and are not yet regulations. OEHHA has emphasized that the workshop materials are discussion drafts and may change if any of the topics advance to formal rulemaking. The materials also do not replace or modify the Proposition 65 requirements currently in effect.

OEHHA’s current webpage lists the public comment period as open through September 8, 2026.

Frequently Asked Questions

What is California’s Proposition 65 Omnibus 2026 initiative?

The Omnibus 2026 initiative involves potential amendments to several areas of the Proposition 65 regulations. OEHHA discussed eight areas of potential regulatory change during a pre-regulatory workshop held on July 30, 2026.

What changes are being considered for Proposition 65 internet sales?

The draft would clarify that the required warning must be provided in connection with the online purchase and also on or with the product upon delivery.

Could QR codes be used for Proposition 65 warnings?

Yes. One proposal would allow a QR code to appear on a sign, shelf tag, shelf sign, label or labeling and direct consumers to a webpage containing the required Proposition 65 warning.

Are the Omnibus 2026 proposals already in effect?

No. The potential changes are still at the pre-rulemaking stage and are not yet regulations. The workshop materials are discussion drafts and do not replace or modify the Proposition 65 requirements currently in effect.

When does the public comment period close?

OEHHA’s current webpage lists the public comment period as open through September 8, 2026.

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