California Prop 65 Food and Non-Alcoholic Beverage Exposure for Restaurants 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. California businesses can ensure they are in compliance with the restaurant warning requirements by posting the updated California Prop 65 Food and Non-Alcoholic Beverage Exposure for Restaurants Warning Sign (“California Prop 65 Restaurants Warning Sign”).
New California Prop 65 Restaurants Warning Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, require restaurants and other facilities that sell food or beverages primarily for on-site consumption to communicate a prescribed text warning message to their customers.
The warning refers to exposures to acrylamide from fried or baked foods and mercury in fish, which are known to the State of California to cause cancer and birth defects or other reproductive harm. These types of exposures commonly occur through foods such as coffee and fish that are sold at many restaurants.
The warning also includes the California OEHHA web address (“URL”) for restaurant exposures. Individuals who are interested in more information can utilize the link in the warning to the OEHHA website to identify restaurant foods and beverages that are likely sources of exposures to listed chemicals.
How May a Restaurant or Food Facility Communicate the Required Warning?
The restaurant warning may be conveyed by posting the specified sign placed:
- so that it is readable and conspicuous to customers as they enter each public entrance to the restaurant or facility where food or beverages may be consumed, or
- at each 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.