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Prop 65 Update for CA Manufacturers and Retailers

CA Prop 65 Warning is set to change on August 30. Make sure your business is in compliance with the new requirements:

  1. Manufacturers will take on a more prominent role in compliance with the Prop 65 requirements. The new regulations place primary responsibility for providing warnings on product manufacturers, producers, packagers, importers, suppliers, or distributors (“upstream businesses”) – not retailers.

  2. The warning will have provide more specific information for certain kinds of exposures, products and places.

  3. Now there is a website warnings for products purchased over the internet.

  4. Warnings in languages other than English is now required if packaging contains information in that language.

  5. Warnings will include: the name of at least one listed chemical that prompted the warning (this includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to them); the internet address for OEHHA website, and a triangular yellow warning symbol on most warnings.

Last, but not least, retailers and their upstream suppliers can now contract around the responsibility for Prop 65 warnings. These contractual agreements will override any of the allocations of responsibility provided for in Prop 65. Retailers and others in the supply chain for products sold in California should review their supply contracts carefully to ensure that they understand (and amend if necessary) Prop 65 contract requirements, and any accompanying releases and indemnities.



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