California Prop 65 Alcoholic Beverage Exposure Warning Sign Requirements
California’s Proposition 65 (“Prop 65”) requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to OEHHA-listed chemicals, at anticipated exposure levels which pose a significant risk of cancer or cause birth defects or other reproductive harm.
New Prop 65 regulations, which require compliance no later than August 30, 2018, require businesses that serve or sell alcoholic beverages to communicate a prescribed text warning message to their customers. The new regulations require the warning for alcoholic beverages to include the California OEHHA website for alcohol exposures.
California businesses can ensure they are in compliance with the alcoholic beverage warning requirements by posting the updated California Prop 65 Alcoholic Beverage Exposure Warning Sign.
How May a Business Communicate the Required Warning?
The alcoholic beverages warning may be conveyed by posting the specified sign:
- at eye level so that it is readable and conspicuous to customers as they enter the area where alcoholic beverages are served, or
- at each retail point of sale or display so as to assure that it is readable and conspicuous.
Signage must meet specific content, format and size requirements. The sign must be posted in a conspicuous manner that is clearly associated with the exposure and be provided in such a way as to be seen, read and understood prior to exposure. Penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.