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. Because processing of raw wood materials can expose consumers to wood dust which is known to cause cancer, a warning sign must be posted.
Who Must Post the Prop 65 Raw Wood Exposure Warning Sign?
Any business that processes raw wood products releasing wood dust into the air must comply with the warning sign requirements of Proposition 65, except businesses with less than 10 employees. Processes that produce wood dust include drilling, sawing, sanding or machining raw wood products.
“Raw wood products” include logs, sawn lumber, plywood and composite wood panels, engineered structural wood products, and similar wood products that are for the most part uncoated and have not been processed into other useful products and have the strong likelihood to be sawed, sanded, or drilled so as to generate wood dust.
Required Prop 65 Raw Wood Exposure Warning Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating raw wood exposure warnings. The Raw Wood Exposure Warning Sign must contain the text specified in the regulation, 27 CCR § 25607.11.
The Prop 65 Raw Wood Exposure Warning Sign:
- notifies consumers that cancer is a known risk of environmental exposure to wood dust
- informs consumers of the specific processes that produce wood dust
- advises consumers to avoid inhaling wood dust or use a dust mask or other safeguards for personal protection
- provides the Prop 65 website for additional information – P65Warnings.ca.gov/wood
Where are California Prop 65 Raw Wood Exposure Warning Signs Posted?
Where the product is sold in bulk form, the raw wood exposure warning may be provided on an invoice or receipt for the wood products. For consumer wood products, the Raw Wood Exposure Warning Sign must be displayed either at the point of sale or display of the wood products in a manner likely to be seen by the purchaser. Signs must meet specified size and font requirements.
The penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.