Glossary → Proposition 65

Proposition 65.

california's warning law for chemicals the state lists as causing cancer or reproductive harm

Proposition 65 bans nothing. Section 25249.6 of the Health and Safety Code says a business may not knowingly and intentionally expose anyone in California to a listed chemical without a clear and reasonable warning first, and section 25249.8 sets the three ways a chemical gets listed: the state's qualified experts, a body those experts consider authoritative, or any state or federal agency that has formally required it to be labelled as a carcinogen or reproductive toxicant. Enforcement is the part that reaches a POD seller, because private plaintiffs may sue in the public interest sixty days after serving notice and the penalty runs to $2,500 per day for each violation. The real cost is the lawyer, not the fine. So a seller shipping into California decides product by product whether to warn, to reformulate, or to show the exposure sits under a safe harbour level, and the decision has to be made before the first order ships, not after the notice arrives. Businesses with fewer than ten employees fall outside the definition of a person doing business, which is the one exemption small shops rarely check.

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