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 petroleum products at service stations can expose consumers to chemicals which are known to cause cancer and birth defects or other reproductive harm, a warning sign must be posted.
Who Must Post the Prop 65 Service Station Exposure Warning Sign?
Service station facilities where exposure to petroleum products can occur 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 Service Station Exposure Warning Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating service station exposure warnings. The Service Station Exposure Warning Sign must contain the text specified in the regulation, 27 CCR § 25607.27.
The Prop 65 Service Station Exposure Warning Sign:
- notifies exposed individuals that breathing the air in the area or skin contact with petroleum products can expose them to chemicals including benzene, motor vehicle exhaust and carbon monoxide, which are known to the State of California to cause cancer and birth defects or other reproductive harm.
- advises individuals not to stay in the area longer than necessary
- provides the Prop 65 website for additional information – P65Warnings.ca.gov/service-station
Where are California Prop 65 Service Station Exposure Warning Signs Posted?
A warning for environmental exposures from service stations meets the requirements if it is posted on a sign at each gas pump. 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.