Proposition 65, also knows as the California Safe Drinking and Toxic Enforcement Agency imposes unique requirements for businesses in California. Here, businesses are required to notify the public about significant amounts of chemicals in the products that are purchased, that are in homes or workplaces, or that are released into the environment. The purpose of this proposition is to protect California citizens and the State’s drinking water sources from chemicals knows to cause cancer, birth defects or other reproductive harm. It also informs Californians about exposure to these types of chemicals. Additionally, the proposition prohibits the discharge of certain types of chemicals into drinking water sources.
As the administrator of the list of chemicals subject to Proposition 65, the Office of Environmental Health Hazard Assessment is an important part of Proposition 65. The listed chemicals include both natural and synthetic chemicals that cause cancer or cause birth defects. Listed chemicals include pesticides, household products, food additives, drugs, dyes, and solvents.
To comply with Proposition 65, businesses are required to provide a “clear and reasonable” warning before knowingly and intentionally exposing product users or consumers to a listed chemical. Some common ways to provide these warnings include labeling, posting sings, distributing notices, or including warnings in publications. Under Proposition 65 some businesses may be exempt and there are also time limits for compliance.
If you believe your business may be subject to Proposition 65, it is important to get the right legal advice regarding compliance or violations. Even for a relatively small business, a violation or lack of compliance could be catastrophic to your business. Contact SmartLaw to find the right legal counsel for any Proposition 65 issue.
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