Frequently Asked Questions for Businesses

Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical, unless the business can show that the anticipated exposure level will not pose a significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.

This warning can be given in several ways, such as by labeling a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, or publishing notices in a newspaper. The requirement to provide warnings takes effect one year after a chemical is added to the list.

Proposition 65 also prohibits companies that do business within California from knowingly discharging listed chemicals into sources of drinking water. Once a chemical is listed, businesses have 20 months to comply with the discharge prohibition.

Businesses are responsible for determining if a warning is required for their products (consumer product warnings) or places of business (environmental exposures and/or occupational warnings). A warning must be given before a person is exposed to a listed chemical, unless the business or person responsible can show that the exposure poses no significant risk under Health and Safety Code 25249.10(c). The Proposition 65 list of chemicals can be found on the OEHHA website.

To help businesses determine whether a warning for an exposure to a listed chemical is required, OEHHA has developed over 300 regulatory safe harbor levels for chemicals listed under Proposition 65 as carcinogens or reproductive toxicants. A safe harbor level identifies a level of exposure to a listed chemical that does not require a Proposition 65 warning. A business is not required to provide a warning if exposure to a chemical occurs at or below these levels.

No Significant Risk Levels (NSRL) are provided for chemicals listed as causing cancer and Maximum Allowable Dose Levels (MADL) for chemicals listed as causing birth defects or other reproductive harm. Businesses do not have to rely on OEHHA's NSRLs or MADLs if they can show that the exposure will not pose a significant risk of cancer or reproductive harm at that level. However, many businesses prefer to benefit from safe harbor protections.

When OEHHA has not created an NSRL or MADL for a listed chemical, or when a business chooses to do its own analysis of significant risk, OEHHA adopted regulations that provide calculation methods: Article 7 (NSRL) and Article 8 (MADL) of Title 27, California Code of Regulations.

A company is exempt from the warning requirements if they have fewer than 10 employees.

"In computing whether a person employs ten or fewer employees in his business, all full-time and part-time employees on the date on which... exposure occurs must be counted..." (CA Code of Regulations, Title 27, Section 25102 (h)).

However, a small business with fewer than 10 employees may still have contractual obligations and/or indemnification agreements related to Proposition 65 warnings. Businesses should consult with their legal counsel concerning their potential for liability where the law does not apply to them directly. 

No. Proposition 65 applies to all businesses with 10 or more employees doing business in California. However, an out-of-state retail seller may comply with the safe harbor warning regulations by providing the warning only for exposures that occur within California. Some online retail sellers who currently provide an internet warning do so by providing the warning as a pop-up when the purchaser enters a California zip code. This is an example of a way to prominently display the warning to the purchaser “prior to completing the purchase.” (Section 25602(b)(1)(C).)

There are products that are sold outside California that have Proposition 65 warnings. Sometimes a business decides to include the same warning for a product that is sold in multiple states, or other countries. However, nothing in the law requires businesses to provide warnings for exposures that occur outside California.

Section 25600.2 sets forth the relative responsibilities of businesses in the chain of commerce to provide a warning under Proposition 65. A business wishing to claim safe harbor protection for a warning must also follow the methods of transmission and content set forth in Article 6, Subarticle 2.

Consistent with Proposition 65, OEHHA's regulations place primary responsibility for providing warnings on product manufacturers, producers, packagers, importers, suppliers or distributors. For consumer product exposures, businesses in the above categories must either: 1) provide a warning on the product label or labeling; or 2) provide a written notice directly to the authorized agent for the business to which they are selling or transferring the product, or to the authorized agent for the retail seller who is subject to Proposition 65, and then receive an acknowledgment that the notice and materials were received. (Section 25600.2(a)-(c).) Refer to Section 25600.2(b) and (c) for further details about these requirements.

Retail sellers are responsible for placement and maintenance of the warning materials they receive from product manufacturers, producers, packagers, importers, suppliers, or distributors. (Section 25600.2(d).) In certain circumstances, retail sellers may take advantage of a period of 5 business days to cure an alleged violation of the warning requirement. (Section 25600.2(f)).

All businesses should carefully review these mandatory requirements.

A manufacturer or producer of final consumer products (as opposed to component parts or ingredients), that does not sell directly to retailers, has two options for compliance: (1) provide a warning on the product label or labeling; or (2) provide both a written notice that a warning is required and warning materials (such as shelf signs) to the packager, importer, supplier, or distributor.

All businesses in the chain of commerce should take appropriate actions to ensure that the warnings or warning materials are passed along to the retail sellers and ultimately to the consumers. How that is done will vary from situation to situation. Manufacturers or producers may choose to enter into a contract with other businesses in the chain of commerce for their products, or contract with the retail sellers directly, to ensure the warnings are ultimately provided to consumers. (Section 25600.2(i).)

If a manufacturer or supplier of an ingredient or component part knows that the ingredient/component is typically used in a consumer product and could result in an exposure, the manufacturer or supplier should provide the warning notice to the business purchasing the item, including warning materials such as labels or signage, unless the manufacturer/supplier knows that the ultimate exposure will not be great enough to create a significant risk to the consumer. (Section 25600.2; Health & Safety Code 25249.6(c).)

The purchasing manufacturer is then responsible for determining whether their final product causes an exposure to the chemical at a level that requires a warning. If so, that business is responsible for passing the warning information along to its customers or the retail sellers. (Section 25600.2.) In such a situation, the ingredient manufacturer may also choose to work with the product manufacturer to evaluate whether the end product should have a warning and may enter into a contract with the product manufacturer to ensure that the warning is transmitted to the retail sellers and ultimately to the consumer. (Section 25600.2(i).)

A company that manufactures component parts or ingredients that include listed chemicals should also consider whether any employees may be exposed to listed chemicals in the product and provide occupational Proposition 65 warnings as needed. (See Section 25606.)

The regulations do not require businesses to do any testing. Businesses can choose to perform testing, or they can use their knowledge of the listed chemicals in their products, workplace, or business to determine whether a warning is required. They may also contact a toxicologist familiar with Proposition 65 to help them conduct an exposure assessment.

To guide businesses in determining whether a warning is necessary, OEHHA has developed safe harbor levels for many Proposition 65 chemicals. A safe harbor level identifies a level of exposure to a listed chemical that does not require a Proposition 65 warning.

A business does not need to provide a warning if exposure to a chemical occurs at or below these levels. These safe harbor levels consist of No Significant Risk Levels (NSRL) for chemicals listed as causing cancer and Maximum Allowable Dose Levels (MADL) for chemicals listed as causing birth defects or other reproductive harm. OEHHA has established more than 300 safe harbor levels and continues to develop more levels for listed chemicals. The established safe harbor levels can be accessed on the OEHHA website.

If OEHHA has not established a safe harbor level for a chemical, businesses that expose individuals to that chemical would be required to provide a Proposition 65 warning, unless the business can show that the anticipated exposure level will not pose a significant risk of cancer or reproductive harm.

OEHHA has adopted regulations that provide guidance for businesses in calculating their own level in the absence of an OEHHA safe harbor level. Regulations are available at Article 7 and Article 8 of Title 27, California Code of Regulations.

Determining anticipated levels of exposure to listed chemicals can be very complex. Although a business has the burden of proving a warning is not required, a business is discouraged from providing a warning that is not necessary. The business should consider consulting a qualified professional if it believes an exposure to a listed chemical may not require a Proposition 65 warning. Additionally, for some products, it may be possible to eliminate risk of exposure to a listed chemical, and thus any need for a warning, by purchasing components/ingredients from a different source or by making some other change to the production process.

There are regulations for providing clear and reasonable warnings, as required by Proposition 65, for a variety of exposures, including consumer product, environmental, or occupational exposures.

• Article 6, Subarticle 1 (starting with section 25600) consists of mandatory provisions including definitions of terms that are applicable to all warnings provided under Proposition 65;
• Article 6, Subarticle 2 (starting with section 25601) provides non-mandatory, “safe harbor” methods of transmission and content for giving warnings that have been deemed by OEHHA to be “clear and reasonable” under Proposition 65.

Businesses can use new safe harbor language for short-form warnings. Safe harbor warnings are deemed “clear and reasonable” by regulation. Products manufactured and labeled before January 1, 2028, can continue using the prior short-form, or the new one, and will have safe harbor protection in either case. On January 1, 2028, businesses will have to use the new language if they wish to use a short-form warning and benefit from its safe harbor protection.

No. The safe harbor regulations specify warning content and methods of transmission that OEHHA deems compliant with Proposition 65 requirements for “clear and reasonable” warnings. (Health & Safe. Code section 25249.6.) A business can use an alternative warning as long as it is clear and reasonable; however, the business may have to defend the warning if it is challenged in court as not being clear and reasonable. (Section 25600(f).)

No, the fact that there is a tailored warning provided in the regulations for a type of product or place does not necessarily mean that a warning is always required.

Businesses are responsible for determining whether a warning is required for the exposures they cause. A warning must be given before a person is exposed to a listed chemical, unless the business or person responsible can show that the exposure poses no significant risk under Health and Safety Code 25249.10(c).

There are three general categories of safe harbor warnings: consumer product exposures, occupational exposures, and environmental exposures. In some circumstances, warnings will need to be provided that do not fit neatly into a single category. In that case, a safe harbor warning may need to be provided using more than one warning method or content for exposures to listed chemicals in a given location. For example, the safe harbor regulations covering amusement parks require a warning to be posted at each public entrance to the facility, but also require warnings to be provided separately for consumer products, alcoholic beverages, food, and enclosed parking facilities where such exposures occur on the premises. (Section 25607.22(d).)

With some exceptions, the warning symbol is a required element of safe harbor warning content. The symbol consists of a black exclamation point in a yellow equilateral triangle with a bold, black outline. The symbol must be placed to the left of the text of the warning in a size no smaller than the height of the word “WARNING”. If the sign, label, or shelf tag for the product is not printed using the color yellow, the symbol may be provided in black and white. Businesses may download the symbols provided for use in Proposition 65 warnings.  A business wishing to provide a safe harbor warning must meet all applicable requirements of the Article 6 Clear and Reasonable Warnings regulations.

The general safe harbor methods of transmission and content for providing a consumer product exposure warning can be found in Sections 25602 and 25603, respectively. OEHHA has developed tailored warning provisions for certain products and places which can be found in Section 25607.et seq.

Section 25602(a) describes four general safe harbor warning methods of transmission:

• A product-specific warning provided on a posted sign, shelf tag, or shelf sign, at each point of display of the consumer product.
• A product-specific warning provided using any electronic device that automatically provides the warning to the purchaser before purchase without requiring the purchaser to seek out the warning. (This subsection pertains to in-person purchases, not internet purchases or other forms of remote purchases that are not in-person.)
• A warning on the product that complies with the content requirements in Section 25603(a). These requirements include use of a warning symbol (in most cases), a signal word or phrase such as "WARNING", "CA WARNING" or "CALIFORNIA WARNING" followed by the applicable warning content.
• A short-form warning on the product label that complies with the content requirements in Sections 25603(b) or (c). This includes the warning symbol (in most cases), one of the signal words or phrases noted above, and the applicable truncated warning content. Short-form warnings must be in a type size no smaller than 6-point, subject to Section 25601(c).

No. A "label" is defined as a display of written, printed or graphic material that is printed on or affixed to a product or its immediate container or wrapper. (Section 25600.1(i).) The warning label should be placed in a manner that ensures consumers receive the warning prior to exposure. A business may also choose to provide a warning on both the exterior packaging and the product itself.

Nothing prevents a business from including a safe harbor warning in an owner's manual, and doing so may provide valuable information to the consumer. However, a standalone warning in an owner's manual, by itself, is not generally a safe harbor warning method for consumer product exposures. (FSOR-Clear and Reasonable Warnings, Sept. 2016, p. 74.) Consumers must be warned before an exposure in order to meet the requirements of Proposition 65, which will not be the case for many owner's manuals.

There are a few instances where a safe harbor warning is included in an owner's manual in addition to a warning on a product label or hang tag. Exposure to diesel engine exhaust from equipment other than passenger vehicle engines; exposures during operation, service and maintenance of a passenger vehicle; and exposures during the operation or maintenance of a recreational marine vessel have tailored safe harbor warnings that include owner's manual warnings in combination with another warning method. (See Sections 25607.14, 25607.16, and 25607.18.)

No. The safe harbor warning methods of transmission in Subarticle 2 do not include a general warning that can be placed at public entrances which would cover all possible exposures that may occur at the business. Safe harbor warnings must be clearly associated with the product that is the subject of the warning and comply with the other method and content requirements in Subarticle 2.

OEHHA did not adopt the ANSI standards for warning symbols, and there is no requirement that the Proposition 65 warning symbol color correspond to a specific ISO number. The regulations only require that the warning symbol be in the color “yellow" when any other information printed on the sign, label, or shelf tag for the product uses the color yellow. OEHHA provides sample compliant warning symbols a business may download and use on its website.

Yes. If a business does not use yellow for other information printed on the label, sign, or self-tag the business may print the warning symbol in black and white. (Section 25603(a)(1).)

Except for short-form warnings, there is no specific type size requirement for general safe harbor consumer product exposure warnings. (Section 25602(a)(4).) However, to qualify for safe harbor protection, the warning must be prominently displayed with such conspicuousness as compared with other words, statements, designs or devices on the label, labeling, or sign, as to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. (Section 25601(c).)

A short-form warning may be provided on a product label in accordance with Section 25602(a)(4). This section requires that the short-form warning must comply with Section 25601(c) and cannot be provided in font smaller than 6-point.

A business relying on the safe harbor warning content must include the name of one or more chemicals for which it is providing a warning. (Section 25601(b) and Section 25603.) Additionally, where a business is providing a warning for both cancer and reproductive toxicity, the warning must include the name of one or more chemicals for each endpoint. The business is free to decide which chemicals to name in the warning.

In this example, there is an exposure to five listed chemicals from a given product. If all five chemicals are listed only as carcinogens, then the business would only need to name one of those five chemicals in the warning. However, the business may identify any or all of the remaining four chemicals.

Additionally, if the five chemicals include both carcinogens and reproductive toxicants, the business must name one of the chemicals that is a carcinogen and one of the chemicals that is a reproductive toxicant. The business may choose to identify more than two listed chemicals in the warning. If the warning is for an exposure to a chemical listed as both a carcinogen and a reproductive toxicant, the warning would only need to name that one chemical, however both endpoints would need to be stated in the warning.

A business can and may choose to identify more listed chemicals for which there is a significant exposure in the warning and still benefit from safe harbor protection, but the business is not required to do so. (FSOR-Clear and Reasonable Warnings, Sept. 2016, p. 199].) A company may have business or liability reasons for wishing to inform consumers of all the relevant exposures to chemicals listed under Proposition 65.

No. The full chemical name as it appears on the Proposition 65 list needs to be included in the warning in order to benefit from safe harbor protections.

Section 25603, subsections (a) and (b) provide options for safe harbor warning content for consumer products. Subsection (a) details the full-length warning content, while subsection (b) allows a business to use the truncated short-form warning content on a product label. A business may use either the full-length or short-form warning content on a label for a consumer product exposure. (Sections 25602(a)(3), (4).) The business may alternatively provide notice and warning materials, including warning language for products sold on the internet, to "the authorized agent" for a retail seller, and then receive an acknowledgment that the notice and materials were received. (Section 25600.2(a)-(c).)

A short-form warning on a product manufactured on or after January 1, 2028, must have the warning symbol described in Section 25603(a)(1), followed by the signal word(s) in Section 25603(b)(2), and the content described in Section 25603(b)(3), to be eligible to claim safe harbor protection. Section 25603(b) requires that the short-form warning include the name of at least one listed chemical for each endpoint for which the warning is being provided (i.e. cancer or reproductive harm) to be eligible for safe harbor protection.

As part of a phase-in period, for products manufactured and labeled prior to January 1, 2028, a short-form warning can be provided following Section 25603(b) as described above; however, the short-form warning can also be provided using the content in Section 25603(c), which does not require chemicals be named in the short-form warning.

Where there is a tailored warning for that exposure in Subarticle 2, a business cannot use the short-form warning and still claim safe harbor protection unless a tailored warning regulation expressly allows the use of the short-form warning. (Section 25607(a).)

The short-form warning can be affixed to or printed on a product label, which includes its immediate container or wrapper. (Sections 25600.1(i) and 25602(a)(4).)

A business may use the short-form warning on any product that does not have a tailored warning. However, the short-form warning content must be provided in a manner that is clear and reasonable (Section 25601(c)), and the type size can be no smaller than 6-point font type. (Section 25602(a)(4)).

Yes. There is no requirement that the short-form warning content fit on one line. However, requirements such as placing the warning symbol to the left of the warning message, the signal word or phrase, and the minimum type size must be followed, if the business wishes to claim safe harbor protection.

Yes. A consumer product warning provided on a website pursuant to Section 25602(b) can have the same short-form warning content that the business is providing on the product. The business may also use a picture of the label on the product for the website warning.

As stated by OEHHA in a recent regulatory document, Proposition 65 requires that the consumer is warned prior to purchase, so they can make an informed decision about the products they purchase and use. If a business wants to use an electronic means to provide a warning that is deemed “clear and reasonable" by regulation, the business must give a warning that is product-specific and “provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning." (27 CCR § 25602(b)(2)).

To give an example, for warnings provided on or with a product, requiring a consumer to scan a QR or bar code, when such scanning is not required to complete the purchase, forces the consumer to seek out or take several steps to find the warning for that product. Using these methods presumes consumers will notice the code, have immediate access to a smart phone or other device that can read the code, and know how to use it to access information about the product. This delivery method is not automatic and would not be considered a safe harbor warning.

However, if a purchase could not be completed without a consumer seeing an electronic warning, rather than requiring the consumer to take additional actions before encountering the warning, then it is possible that the electronic warning could be “automatically" provided before or during purchase.

Yes. For consumer product purchases made on the internet, if the business wishes to benefit from the protection of a safe harbor warning that is deemed "clear and reasonable" by regulation, the business would have to provide the warnings following the methods in Title 27, Cal. Code of Regs., Section 25602, subsections (a) and (b). Specifically, the business would have to provide a warning on or with the product via any one of the four methods for consumer products warnings in Section 25602, subsections (a)(1)-(4) and online as stated in subsection (b). The website would have to display the warning on the product display page or include a clearly marked hyperlink to that text using the word "WARNING," or otherwise prominently display the warning to the purchaser prior to completing the internet purchase. If the short-form warning described in Section 25603(b) or (c) is provided on the product label, the website warning may use the same short-form warning content.

Yes. To provide a safe harbor warning for catalog purchases, a warning would need to be provided on or with the product using any one of the four methods for consumer products in Section 25602, subsections (a)(1)-(4). Additionally, under Section 25602(c), warnings in a catalog must also be provided in a manner that clearly associates the warning with the item being purchased. If the short-form warning described in Section 25603(b) or (c) is provided on the product label, the catalog warning may use the same content.

No. To comply with the safe harbor for internet purchases, a business would need to use one of the methods described in Section 25602, subsections (a)(1)-(4) and also provide an internet warning prior to completing the purchase, as described in Section 25602(b). For example, a business could provide a warning label on the product and post a photograph of that warning label on the website so that the purchaser sees the warning on the website prior to completing the purchase and again prior to exposure. (FSOR-Clear and Reasonable Warnings, Sept. 2016, p. 89.)

A warning provided in a catalog must be "clearly associated" with the item being purchased. (Section 25602(c).)

One way to ensure that a warning is clearly associated with a product in a printed catalog is to include the full-length, short-form, or tailored warning, whichever is applicable, next to that product.

Another alternative is to place a symbol next to the product and include the warning at the bottom of the page. It may be difficult to use this method if products on the same page expose people to a variety of different chemicals, requiring many different warnings at the bottom of the page. This method may be more effective where the products on the same page require the same warning, such as the tailored warning for vehicle parts.

A warning for an internet purchase is not "prominently displayed" if the warning requires the purchaser to seek out the warning. (Section 25602(b)(1)(C).) An alternative approach for internet warnings is to provide either a short-form warning on the product page, a clearly marked hyperlink ("WARNING") to the warning text, or a pop-up warning that appears before the purchase is completed.

Additionally, Section 25601(c), which is applicable to all safe harbor consumer product exposure warnings, provides that safe harbor consumer product exposure warnings must be prominently displayed on the "label," "labeling," or "sign," and must be displayed with such conspicuousness as compared with other words, statements, designs or devices on the label, labeling, or sign, as to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use.

Consistent with Proposition 65, OEHHA's regulations place primary responsibility for providing warnings for consumer products on product manufacturers, producers, packagers, importers, suppliers, or distributors. (Section 25600.2(a).) Those kinds of businesses must either 1) provide a warning on the product’s label or immediate packaging, or 2) provide notice and warning materials, including warning language for products sold on the internet, to “the authorized agent" for a retail seller, and then receive an acknowledgment that the notice and materials were received. (Section 25600.2(a)-(c).) If the business chooses to send a written notice to the retailer, it needs to renew the notice at least annually. (Section 25600.2(b)(4).)

The retail seller is responsible for placement and maintenance of the warning materials, including providing warnings for products sold over the internet that the seller receives from the product manufacturer, producer, packager, importer, supplier or distributor. (Section 25600.2(d).)

Retail sellers are also responsible for warnings in a few other circumstances as described in Section 25600.2(e).

The new regulations are effective January 1, 2025. When a manufacturer, producer, packager, importer, supplier or distributor gives an online retailer notice that the business is updating an existing short-form warning by changing the warning on the product label, labeling, or by providing written notice to the retail seller, the retailer will have up to 60 calendar days to display the new warning online. (Section 25602(b)(2)). This does not affect the retailer’s obligations related to non-internet sales. Businesses should carefully review Section 25602 for the safe harbor methods of transmission for warnings for internet purchases.

A manufacturer is required to provide either 1) a warning on the product label or labeling or 2) a notice that includes warning materials to the producer, packager, importer, supplier, distributor or retail seller of the product. (Section 25600.2(b).) In situations where a manufacturer provides warning materials, these must include content for internet warnings. (Section 25600.2(b)(3).) Each business in the chain of commerce that receives warning materials is required to pass along those warning materials, so that ultimately the consumer receives a warning before purchase.

The statute requires that a business warns a consumer before exposure to a listed chemical. As OEHHA noted in the FSOR for the 2016 Article 6 rulemaking:

"When the voters passed Proposition 65 thirty years ago, the specific issue of warning methods and content for purchases over the internet was not contemplated. OEHHA, as the lead agency, has determined that providing a warning to a person who makes a purchase via the internet only after purchasing the product online and potentially exposing the person upon delivery of the product, is inconsistent with the purposes of Proposition 65. Additionally, a person would then have to choose between keeping an item that exposes them to a listed chemical or repackaging and returning the item while potentially incurring shipping costs and/or restocking fees depending on the return policy of the online vender. To alleviate the burden on businesses, OEHHA has modified the text to permit the online or catalogue warning to use the same content as the on-product warning".  (FSOR, p.191.)

Providing the warning on or with the product and providing the warning on the internet prior to purchase, helps ensure the consumer receives a warning before they purchase the product, prior to exposure.

The definition of "environmental exposure" can be found in Section 25600.1(f) which states that an "environmental exposure' means an exposure that occurs as the result of contact with an environmental source, such as ambient air, indoor air, drinking water, standing water, running water, soil, vegetation, or manmade or natural substances or objects, through inhalation, ingestion, or skin or other contact with the body. All exposures that are not consumer product exposures or occupational exposures are environmental exposures."(Section 25600.1(f).)

Some environmental exposure warnings (Section 25604 and Section 25605), and several specific “tailored warnings” for environmental exposures (Section 25607 et seq.), have minimum type size requirements. You should refer to the safe harbor regulations corresponding to the exposure category for which you are providing a warning to determine if there are any applicable type size requirements.

If a business has determined that an employee may be exposed to a listed chemical at his or her place of business at a level that requires a warning, and a visitor to the facility can be also exposed to a listed chemical at a level that requires a warning, then Proposition 65 warnings should be provided for each type of exposure. (FSOR-Clear and Reasonable Warnings, Sept. 2016, p. 165.) The business should carefully consider the appropriate placement of warnings in the context of the exposures. The methods of transmission and content for providing safe harbor environmental and occupational exposure warnings are located in Section 25604, Section 25605, and Section 25606, respectively.

A "map" created pursuant to Section 25604(a)(2)(B) should clearly delineate the area in which the exposure can occur as distinct from the surrounding unaffected areas. For example, where exposures requiring a warning can occur in a community adjacent to an industrial facility, a map would clearly delineate the affected and unaffected areas if it included landmarks such as street names, rivers, or other identifying features to allow people to readily recognize the area in which exposures could occur. In some situations, such as a facility where exposures only occur on the facility's premises, a written description of the source of exposure with a floor plan delineating the affected area(s), or another graphic, may be a clearer method.

The warning must include a description of the area where exposure to the listed chemical or chemicals can occur. Examples of how a warning can identify the source of the exposure and be provided in a manner that clearly associates it with the exposure can be found in the tailored warnings sections of the regulations. (See Section 25607.20 and Section 25607.21 (enclosed parking facilities), Section 25607.24 and Section 25607.25 (petroleum products), Section 25607.26 and Section 25607.27 (service stations and repair facilities), and Section 25607.28 and Section 25607.29 (designated smoking areas).)

Where a warning is being provided for multiple chemicals or multiple locations or sources of exposure, the warning should describe the area in which an exposure to those chemicals can occur. (FSOR-Clear and Reasonable Warnings, Sept. 2016, p. 130.) It may be necessary to provide warnings in more than one location in a facility so that the warning will be clearly associated with the specific chemical(s) and source(s) of exposure. For example, where a warning is being provided for exposures that can only occur in an art studio on the third floor of a building, the warning may not be provided on a sign placed at the entry to the building because it would not be sufficiently associated with the source of the exposure. The warning should instead be posted at entrances to the art studio on the third floor. On the other hand, if a particular chemical exposure can occur throughout a facility, for example exposures to a solvent from paint used throughout a large freestanding art studio, a warning should be provided at the studio entrance naming the chemical, the source (paint) and route of exposure (breathing/inhalation).

Environmental exposure warnings must be provided prior to exposure in a conspicuous manner and under conditions that make the warning likely to be seen, read, and understood by an individual during normal daily activity. (Section 25601(d).) The warning should be provided close enough to the source of exposure for the person seeing the warning to determine where and how they may be exposed. (FSOR-Clear and Reasonable Warnings, Sept. 2016, p. 120.)

Warnings are not required for the mere "presence" of listed chemicals. The business should determine if there is likely to be an exposure to a listed chemical at a level that requires a warning.

An 'occupational exposure' means an exposure to any employee at his or her place of employment. (Section 25600.1(k).)

Yes. If a business causes an occupational exposure to a listed chemical, a Proposition 65 warning, or its equivalent, may be required. This includes exposures to professional or industrial use-only products. Section 25606 explains how occupational exposure warnings can be provided to employees.

A Proposition 65 warning may be required for occupational exposures to chemicals that are not covered by the applicable Hazard Communications Standards. Section 25606 provides that a business can comply with Proposition 65, when the specific chemical exposure is covered by either the California or federal Hazard Communications Standard, by complying with the training and warning requirements for that standard. Almost all non-federal employees in California are covered by the state's Hazard Communications Standards (Title 8, section 5194) rather than the federal one, although there are some exceptions.

Likewise, for pesticides regulated by California's pesticide regulations, which start at Title 3, section 6700, Proposition 65 warning requirements are satisfied if the exposure is covered by California's Pesticides and Worker Safety regulations, and the business complies with those requirements. This is also addressed in Section 25606.

If there is an occupational exposure to a Proposition 65 listed chemical, and no warning is being given for that exposure under an applicable Hazard Communications or pesticide regulation, a Proposition 65 warning may still be required. Section 25606(b) allows businesses to use safe harbor warning methods of transmission and content for a consumer product or environmental exposure to a Proposition 65 listed chemical, in an occupational setting.

The content of Safety Data Sheets (SDS) is outside the scope of Proposition 65. OEHHA cannot prescribe the content of forms under the authority of a federal or other state agency.

An SDS may be necessary to meet federal or state requirements. In some cases, when an occupational exposure is covered by California's hazard communication regulation (tit. 8, section 5194), a business which has followed all the training and warning requirements of that regulation, including requirements related to the SDS, can satisfy Proposition 65’s occupational warning requirements. An SDS is never a warning substitute for non-occupational exposures.

Safe harbor consumer product warnings (Section 25602), environmental warnings (Section 25604), occupational warnings (Section 25606) and “tailored” warnings (Section 25607, et seq.) require warning content to be provided in languages other than English in certain circumstances. If the warning is on a consumer product sign, labeling, or label used to provide a warning includes consumer information about a product in a language other than English, the warning must be provided in that language in addition to English. (Section 25602(d).) “Consumer information” is defined in the regulations and does not include brand names (Section 25600.1(c)).

Similarly, for an environmental exposure indoors or in outdoor spaces with clearly defined entrances, if signage in the area is provided in a language other than English, the warning must be provided in that other language in addition to English. (Section 25604(a)(1)(C).) An environmental exposure warning that is mailed, emailed, or delivered must use both English and any other language the business ordinarily uses to communicate with the public, and there are also language requirements for newspaper notices. (Section 25604(a)(2)(D), (3)(E).)

No. A product name is not considered "consumer information" for purposes of the type-size requirement or determining whether a warning needs to be provided in a language other than English. "Consumer information" includes warnings, directions for use, ingredient lists, and nutritional information; it does not include the brand name, product name, company name, location of manufacture, or product advertising. (Section 25600.1(c).)

OEHHA provides safe harbor warning translations for businesses on the Proposition 65 Warnings Website. These include Spanish, Khmer, Chinese (traditional and simplified), French, Hmong, Korean, Tagalog and Vietnamese.

It depends. Parties to a court-approved judgement or settlement should follow the terms of the court-approved settlement, which should state whether or not the parties are not required to follow the safe harbor regulations. (Section 25600(e).)

A business is not protected from enforcement by the terms of a settlement agreement or judgment if that business was not a party. In other words, although you are not prohibited from using warnings from some other company’s settlement agreement or judgment, if the warning differs from those in the safe harbor regulations, you would not have safe harbor protection in the event of litigation. In those circumstances, you would need to show that the warning given was “clear and reasonable,” as required by Proposition 65.

If you are a retail seller, and you only learn that one of your consumer products exposes people to a listed chemical because you have received a 60-day notice, then you have five business days after receiving that notice to correct the alleged violation. You can do this by providing a Proposition 65 warning on the product or by discontinuing sale of that product (27 CCR § 25600.2).

In addition, if a business receives a notice for any of the four circumstances outlined below, the business has 14 days after receiving the notice to correct the alleged violation and has 30 days after receiving the notice to pay the civil penalty (California Health and Safety Code Section 25249.7(k)).

1. An exposure to alcoholic beverages consumed on the premises.
2. An exposure to a chemical in a food or beverage prepared and sold for immediate consumption on or off the premises.
3. An exposure to tobacco smoke when nonemployees are allowed to smoke on the premises.
4. An exposure to engine exhaust for your business' indoor parking garage for noncommercial vehicles.

For all businesses, please refer to the information in the notice as well as the Office of the Attorney General and its Frequently Asked Questions webpage for additional information on what to do when you receive a notice. OEHHA cannot provide you with legal advice, so you may wish to consult an attorney.