ARE YOU PREPARED FOR INCREASED PROP 65 LABELING LITIGATION?

The Advocacy Groups are and they are already filing notices against California retailers and suppliers. The cost to settle can be devastating to your bottom line, but you can be prepared, save time and have your documents up-to-date and ready for your counsel to defend.

California retailers have already collected over 5,000 Prop 65 documents using ReposiTrak.

24

PROPOSITION 65 60-DAY NOTICES FILED IN THE FIRST SEVEN DAYS.

MORE ARE FILED EVERY DAY.

(CLICK HERE FOR LATEST LIST OF FILINGS.)

ENSURE THE DOCUMENTATION YOU NEED TO PROTECT YOUR COMPANY IS
UP-TO-DATE AND EASY TO LOCATE.

What do you need to protect yourself from Prop 65 litigation?

The new rules for labeling means new regulations and responsibilities for both suppliers and retailers. In about seven minutes, you can learn more – click the video to the right for a general overview.

More questions?

Click the button and one of our knowledgeable staff will contact you shortly about how ReposiTrak can help manage your Prop 65 documents.

Can You Afford NOT To Be Compliant?

What is California Prop 65?

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

Join the growing list of retailers and suppliers who utilize ReposiTrak to document their Prop 65 requirements

Protect against litigation, fines, settlements, recalls and penalties by documenting compliance*

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

RESOURCE CENTER

Coffee, Chaos, and Conflict of Law: A Brewing Fight over Proposition 65 has Coffee Producers Roasting Mad

Blog Prop 65

[vc_row][vc_column][vc_column_text]Contributed By Shawn Stevens, Food Industry Counsel, LLC., a ReposiTrak partner who helps our customers understand the requirements of California...

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August 30, 2018 Was the Deadline for Suppliers of Products Sold in CA and CA-based Retailers to Meet the New Requirements, Many Are Still Not in Compliance Salt Lake City, Septe...

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Major Mid-Atlantic Food Retailer Optimizes Its Supply Chain by Using ReposiTrak’s Industry Leading Solution Supply Chain Technology to Lower Costs and Boost Sales Salt Lake City...

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California Grocery Store Chain Chooses Industry Leaders in Compliance Management to Better Enforce Supplier Compliance and Protect the Business from Proposition 65 Risk Salt Lak...

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Family-owned Grocery Chain Chooses Industry Experts in Compliance and Risk Management to Streamline Its Supplier Approval Program Salt Lake City | August 2, 2018 – ReposiTrak, I...

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Date: Jun 26, 2018 Shawn Stevens, JD at Food Industry Counsel, LLC, is one of the most sought-after Prop 65 resources in the industry, which is why we’ve secured his time to sp...

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Proposition 65 Q&A with Shawn Stevens, Food Industry Counsel

Blog

Below is a transcript of Q&A’s from exclusive webinars conducted with Shawn. For the full recorded replays and copies of the presentations, please visit our Webinar Archive her...

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Proposition 65: Compliance and What It Means for Your Business

Blog

In our last blog post we discussed what Proposition (“Prop”) 65 is and what is changing with the revised law that is going into effect this August. Here we’ll share what can happen...

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Proposition 65: What Is It and What’s Changing?

Blog

There’s a lot of buzz right now around Proposition 65, which leaves many suppliers and retailers wondering how it affects them, what they should know and what to do about it to ens...

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View Our Webinar Archives

CALIFORNIA’S PROP 65: EVERYTHING YOU NEED TO KNOW FOR FOOD SAFETY COMPLIANCE
PRESENTER SHAWN STEVENS, JD | FOOD INDUSTRY COUNSEL, LLC.

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