California Proposition 65 Warning Requirements
California’s Proposition 65 (“Prop 65”) requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical, at anticipated exposure levels which pose a significant risk of cancer or cause birth defects or other reproductive harm. California businesses can ensure they are in compliance with lead and lead compounds warning requirements by posting the California Prop 65 Consumer Product Lead and Lead Compounds Warning Sign.
Who Must Provide Consumer Product Warnings?
For consumer products, the primary responsibility for providing warnings is on the manufacturer, producer, packager, importer, or distributor of the consumer products. These businesses may affix a warning label on the product or provide the retail seller with all necessary warning materials, such as labels, signs or tags. The retail seller is responsible for placement and maintenance of the warning materials received from the manufacturer, producer, packager, importer, or distributor of the products.
A retail seller is responsible for providing the warning when it:
- is selling the product under its own brand or trademark,
- has introduced a listed chemical into the product,
- has covered or obscured or altered a warning,
- fails to post the warning materials received from the manufacturer, producer, packager, importer, or distributor
- knows of a potential exposure for which a warning has not been given by other means (i.e., no on-product warning label, lost or destroyed warning materials, etc.)
Businesses with less than 10 employees and government agencies are exempt from Prop 65’s warning requirements.
Required Warning Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating consumer product warnings. Warnings can be communicated in several ways, including on-product labels or by a posted sign or shelf tag at the location where the product can be viewed and purchased by consumers. Where a consumer product warning sign is used, the sign must:
- include a warning symbol
- provide the names of the chemicals,
- include specified text,
- identify the corresponding end point(s) (cancer, reproductive toxicity, or both), and
- meet certain size and format requirements.
Lead and lead compounds are among the chemicals listed on the Prop 65 website here. Where a warning for exposure to lead or lead compounds from a consumer product is not given by other means (such as an on-product warning, lost or destroyed manufacturer’s warning materials, etc.), a retail seller may provide the required warning by posting the California Prop 65 Consumer Product Lead and Lead Compounds Warning Sign. The California Prop 65 Consumer Product Lead and Lead Compounds Warning Sign includes all required elements of California Prop 65 warning signs.
Where are California Prop 65 Consumer Product Warning Signs Posted?
Product-specific exposure warning signs must be posted at each point of display of the product. The warning must be prominently displayed with such conspicuousness as to render the warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use. Penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.
Need Other Prop 65 Warning Signs?
To view related specific product warnings, click on: