The California Safe Drinking Water and Toxic Enforcement Act of 1986 (California Proposition 65, commonly known as Prop-65) applies to all companies doing business in the State of California. According to California Health and Safety Code Section 25249.6, no person in the course of doing business shall knowingly and intentionally expose an individual to a product containing chemicals known to the State of California to cause cancer, birth defects or other reproductive harm without first providing a clear and reasonable warning. The regulation is administered by the California Office of Environmental Health Hazard Assessment (OEHHA). The State of California published the original list of chemicals in 1987 and updates the list at least once a year. The current list is made up of over 900 substances and can be found at the official Prop-65 website: http://oehha.ca.gov/proposition-65/chemicals.

 

In order to comply with Prop-65 requirements, any product containing a listed substance or that may cause an exposure to a listed must include a label with a proper warning.

 

For products manufactured before August 30, 2018, the permissible safe harbor warnings are: “WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer” or “WARNING: This product contains a chemical (or chemicals) known to the State of California to cause birth defects or other reproductive harm.” 

 

For products manufactured on or after August 30, 2018, new safe harbor warnings  are required per 27 California Code of Regulations, Section 25600.2  as follows:

 

" WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov."

 

" WARNING : This product can expose you to [name of chemical if only one chemical]/[chemicals including [name of one or more chemicals]], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.”

 

" WARNING : This product can expose you to [name of chemical if only one chemical]/[chemicals including [name of one or more chemicals]], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov."

 

" WARNING : This product can expose you to [name of chemical if only one chemical]/[chemicals including [name of one or more chemicals]], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov."

 The Regulations also include specific requirements about type size, color, and foreign translations of such warnings.

 

On-Product Warnings: In addition to the detailed warnings mentioned above, OEHHA has provided a provision for alternative wording for short, on-product warnings.

 

For consumer products that cause exposures to a listed carcinogen:

 

 WARNING: Cancer

www.P65Warnings.ca.gov

 

For consumer products that cause exposures to a listed reproductive toxicant:

 

 WARNING: Reproductive Harm

www.P65Warnings.ca.gov

 

For consumer products that cause exposures to both a listed carcinogen and a reproductive toxicant:

 

 WARNING: Cancer and Reproductive Harm

www.P65Warnings.ca.gov    

 

Please Note: A person/company providing an on-product warning pursuant to 27 C.C.R. § 25602  (b)  is not required to include within the text of the warning the name or names of a listed chemical.

 

As our valued customer we wish to inform you that you may have purchased, or may in the future purchase products from our company that are labeled with a Prop-65 warning. In order to comply with Prop-65 requirements, you must provide applicable Prop-65 warnings if you resell or repackage such products purchased from us. Generally all resold or repackaged products require internet and catalog warnings pursuant to 27 C.C.R. §§ 25602 (b) & (c). In addition, products that are repackaged, or sold individually, must include either on-product or point of sale warnings pursuant to 27 C.C.R. §§ 25601 – 25603. If you are selling to  downstream resellers it is your responsibility to inform of their duties under Prop 65, and to confirm that they will ensure that Prop 65 warning signs/labels are provided to their customers as required by the law. This letter should not be relied upon as legal advice; we encourage you to consult with qualified legal counsel about your Prop 65 obligations if you intend to resell or repackage any of our products for resale.

 

Should you have any questions, please contact your sales or customer service representative.