If you sell products to California consumers, you must comply with California’s Proposition 65, which has been in place since 1986:

• Requires businesses to warn California consumers about potential exposure to chemicals that cause cancer, birth defects or reproductive harm
• Administered by OEHHA (Office of Environmental Health Hazard Assessment, part of the California Environmental Protection Agency)

*Internal Research Performed on ReposiTrak data March 2018

If you sell products to California consumers and you meet certain requirements, you must comply with California’s Proposition 65, which has been in place since 1986:

• Requires businesses to warn California consumers about potential exposure to chemicals that cause cancer, birth defects or reproductive harm
• Administered by OEHHA (Office of Environmental Health Hazard Assessment, part of the California Environmental Protection Agency)

*Internal Research Performed on ReposiTrak data March 2018

Stay informed of Prop 65 notices

• Be prepared and know when certain types of products are being targeted

Ask suppliers/manufacturers to test their products against the standard

• Are chemicals below “safe harbor” levels? Require supplier to sign an agreement stating no chemicals are present, or those chemicals are well below the safe harbor limits:
• Update the document annually to ensure Prop 65 compliance is ongoing
• Request Laboratory Testing Reports to verify the toxicity levels
• Are chemicals outside of “safe harbor” levels? Work together to construct the warning label or shelf tag to ensure compliance with the new warning language. Require supplier provide you documentation of testing and compliance:
  • Full Materials Disclosure (FMD)
  • Certificate of Compliance (COC)
  • Laboratory Testing Reports
  • Manufacturing Contract Agreement
  • Safety Data Sheet (SDS)
  • Product label or packaging scan that demonstrates a “clear and reasonable” or “safe harbor” warning is in place

Document all inquiries and responses

*Proposition 65 Settlement Executive Summary 2016. Retrieved 4/3/2018 from State of California Attorney General Office

Stay informed of Prop 65 notices

• Be prepared and know when certain types of products and chemicals targeted

Ensure you or your manufacturer tests products against the standard

• You have the primary responsibility to notify the retailer and provide the proper warning labels:
  • Retailer must confirm they received notice and must use any warning materials you provide
  • Ensure you can provide the retailer a product label or packaging image that demonstrates a “clean and reasonable” or “safe harbor” warning is in place
  • Be prepared to provide compliance documents when asked. This includes retailer requests for Full Materials Disclosures, Certificates of Compliance, Laboratory Testing Results, Manufacturing Contract Agreements or Safety Data Sheets (SDS).

Document all inquiries and responses