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 consumers 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 the food warning requirements by posting a California Prop 65 Food Exposure Warning Sign. Listed chemicals can be found here.
Who Must Provide Food Exposure Warnings?
The primary responsibility for providing food exposure warnings is with the food product manufacturer, producer, packager, importer, or distributor. These businesses may affix a warning label on foods or food products or provide the retail seller with all necessary warning materials, such as labels, signs or shelf tags. Food and beverage retailers are responsible for placement and maintenance of the warning materials received from the product manufacturer, producer, packager, importer, or distributor.
A food or food product seller is responsible for providing the warning when it:
- is selling the food or food product under its own brand or trademark,
- has introduced a listed chemical into the food or food 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., 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 food exposure warnings. Warnings can be communicated in several ways, including posting signs where the food is sold, served or otherwise provided in food facilities. Where a warning sign is used, the food exposure warning sign:
- must provide the names of the chemical(s),
- identify the corresponding end point(s) (cancer, reproductive toxicity, or both),
- include specified text, and
- meet certain formatting requirements.
Business can ensure compliance with Prop 65’s new food exposure warning requirements using one of the following bilingual California Prop 65 Food Exposure Warning Signs which have blank spaces that allow the business to write in the specific chemical name(s) for each endpoint. Choose from the drop-down menu above:
- #05240 – Prop 65 Food Exposure – Cancer Warning Sign
- #05241 – Prop 65 Food Exposure – Birth Defects Warning Sign
- #05243 – Prop 65 Food Exposure – Multiple Carcinogens/Reproductive Toxicant Warning Sign
- #05244 – Prop 65 Food Exposure – Chemicals Causing Both Cancer and Birth Defects Warning Sign
Where are California Prop 65 Food Exposure Warning Signs Posted?
The seller is responsible for placement of warning signs at the food product point of display. In order to be clear and reasonable, the warning must always be clearly associated with the product and be provided in such a way as to be seen 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.
To view related specific product warnings, click on:
- California Prop 65 Alcoholic Beverage Exposure Warning Signs
- California Prop 65 Food and Non-Alcoholic Beverage Exposure for Restaurants Warning Signs
- California Prop 65 Consumer Product Exposure Warning Signs
- California Prop 65 Environmental Exposure Warning Signs