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California implements Prop 65 reg

This article was originally published in The Rose Sheet

Executive Summary

Calif. Department of Justice approves emergency regulation partially implementing Prop 65 reform bill SB 471, Attorney General's office announces. Emergency regulation is effective Jan. 1 and requires that papers in support of a motion to approve a Prop 65 settlement be submitted to the Attorney General forty-five days before the hearing to give office time to review materials, office says. SB 471, which requires private litigants to include "certificate of merit" demonstrating good cause, was passed by Gov. Gray Davis Oct. 8 and is aimed at halting abusive actions (1"The Rose Sheet" Oct. 15, 2001, In Brief and 2"The Rose Sheet" Aug. 6, 2001, p. 8)...

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California's Proposition 65 should allow prospective defendants early access to data supporting "certificates of merit" filed in support of private enforcement cases, the Cosmetic, Toiletry and Fragrance Association says in April 26 comments to the state attorney general's office

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Law requiring private litigants to include "certificate of merit" demonstrating good cause for Prop 65 warnings signed by Calif. Governor Gray Davis Oct. 8. Bill was sent to Davis Sept. 25 following passage in the Assembly Sept. 13 and Senate approval a day later (1"The Rose Sheet" Oct. 8, In Brief). SB 471 is aimed at halting "abusive actions brought by private persons containing little or no supporting evidence" (2"The Rose Sheet" Aug. 6, p. 8)

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Private actions alleging Prop 65 violations would have to be accompanied by a "certificate of merit" is part of a bill slated to be reviewed by the California Assembly's Appropriations Committee at a hearing on Aug. 22.

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