Prop 65 mandates that businesses with 10 or more employees that expose individuals to listed chemicals must provide warnings.
🔬What is Prop 65?
Prop 65 is a state law that requires businesses offer a "clear and reasonable" warning to their customers when they might be exposed to chemicals that could cause cancer, birth defects, or other health problems. Prop 65 is administered by the Office of Environmental Health Hazard Assessment. This is indicated through signage at the business location or a warning label on a product.
Check out these resources on Prop 65 for business owners from the Office of Environmental Health Hazard Assessment:
🛍️ Prop 65 Responsibilities for Retailers
As a retailer, Prop 65 affects you! Retailers must be aware of how this law applies to their inventory, packaging, signage, and online sales to avoid potential legal risks and fines. Here are some of the key ways Prop 65 affects retailers:
- Warning requirements
- If a manufacturer has a Prop 65 warning on their product, you cannot remove or obscure it.
- Online and catalog sales compliance
- Prop 65 warning must be displayed on product pages or catalogs before purchase
- Online warnings must be as clear as in-store warnings and must appear near the product description.
- In-store warning signage
- If you are selling products containing a Prop 65 listed chemicals but it does not have a warning label on individual products (e.g. manufactured in another state), you may need to post an in-store warning sign near the product.