California Prop 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, birth defects, or other reproductive harm. Because exposures that can occur in an enclosed parking facility are known to cause cancer and birth defects or other reproductive harm, a warning sign must be posted.
Who Must Post the Prop 65 Enclosed Parking Facility Exposure Sign?
Businesses providing enclosed parking facilities must comply with the warning sign requirements of Proposition 65. Businesses with less than 10 employees are exempt from Prop 65’s warning requirements.
Required Prop 65 Enclosed Parking Facility Exposure Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating enclosed parking facility exposure warnings. The Enclosed Parking Facility Exposure Sign contains the text specified in the regulation, 27 CCR § 25607.21.
The Prop 65 Enclosed Parking Facility Exposure Sign:
- notifies exposed individuals that breathing the air in the parking garage can expose them to chemicals including carbon monoxide and gasoline or diesel engine exhaust, which are known to the State of California to cause cancer and birth defects or other reproductive harm
- advises exposed individuals not to stay in the area longer than necessary
- provides the Prop 65 website for additional information – P65Warnings.ca.gov/petroleum
Where are California Prop 65 Enclosed Parking Facility Exposure Signs Posted?
A warning for an enclosed parking facility meets the requirements of the regulation if it contains the required warning statement and is posted at each public entrance to the enclosed parking facility, placed so that it is readable and conspicuous to individuals before they enter the facility. Signs must meet specified size and format requirements.
The penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.