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Amendments to Attorney General’s Regulations for Proposition 65

Adopted Pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”) (Title 11, Division 4)

The Attorney General has amended Title 11, Division 4, of the California Code of Regulations concerning Proposition 65 enforcement actions brought by private parties. Specifically, the Attorney General has amended Chapter 1, sections 3000 through 3008; amended Chapter 3, sections 3201 through 3204; and renumbered Chapter 3, section 3204, as section 3205. These amendments affect settlement terms, penalty amounts, and attorney's fees in civil actions filed by private persons in the public interest pursuant to Proposition 65, codified at Health and Safety Code §§ 25249.5-25249.13; § 25180.7; and § 25192.

The Office of Administrative Law (OAL) filed the final rulemaking with the Secretary of State on August 31, 2016. It was published in the California Regulatory Notice Register on September 9, 2016. The amended regulations take effect October 1, 2016.

Links to the amended regulatory text and to documents in the rulemaking record are below. Additional documents in the rulemaking record may be obtained by contacting Trish Gerken in the Office of the Attorney General:

Trish Gerken
Senior Legal Analyst
Office of the Attorney General
2550 Mariposa Mall, Rm. 5090
Fresno, CA 93721
Fax: (559) 488-7387
E-mail: Trish.Gerken@doj.ca.gov


Public Comments Received

Electronic Filing

  • This electronic reporting process replaces the filing of hard copy forms to report Proposition 65 private enforcement actions to the Attorney General.
  • The on-line reporting system is launched from the Search 60-Day Notice page. Instructions are available to help you through the process.
  • NOTE: You must still mail all motions, supporting papers and exhibits to be served on the Attorney General 45 days prior to the date of hearing until further notice.

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