Proposition 65 Compliance: Are You Ready?

If you are like many food and non-food companies doing business in California, then Proposition 65 and the newly amended language is just coming up on your radar screen now.

There are significant changes by many accounts. Businesses are wise to sit down and get counsel as to how this may impact their business.

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) is a Consumer right-to-know warning. This Statute requires that Californians receive a “clear and reasonable” warning before exposure to an ever-growing list of over 900 chemicals currently in consumer products, foods and beverages, workplaces and public places.

The new warning label language and symbol requirements under Proposition 65 include the following:

• Warning triangle with exclamation mark (preferably yellow in color)
  
• Long-form warnings must include reference to at least one substance in question
• Change in language from “This product contains…” to “This product can expose you to…”
• Requires the inclusion of the California Office of Environmental Health Hazard Assessment (OEHHA) Proposition 65 website
• Short form warning must include: WARNING: Cancer – www.P65Warnings.ca.gov
  

Share-ify has partnered with DLA Piper to offer a 3 part webinar series regarding proposition 65. Space is limited so register now!

Part 1: Proposition 65 for the Food Industry Register Now

Part 2: Proposition 65 for Food Industry Suppliers & Distributors (Food & Non-Food) Register Now

Part 3: Proposition 65 for Restaurants and Retailers Register Now

**Attendees must register for each webinar they wish to attend.

Additional Key Details About Proposition 65 covered in the webinars:

• Under the new Proposition 65 requirements, tailored warnings are required for specific products, industries and areas, including food, alcohol, restaurants, prescription drugs, dental care, raw wood, furniture, diesel engines, vehicles, recreational vessels, enclosed parking facilities, service stations, vehicle repair facilities and smoking areas
• New requirements must be reflected on all products manufactured after August 30, 2018, but can be implemented starting now to ensure ongoing Proposition 65 compliance
• Note: Products manufactured prior to August 30, 2018, can continue to be sold using the old Proposition 65 warning requirements