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Manufacturers Checklist for California Proposition 65

  1. Determine what chemicals are found in all of your products.
    1. Look at your SDS (formerly MSDS) sheets. US manufacturers are placing California Prop 65 info on their SDS sheets. It should say whether or not the chemical needs to be listed as a California Prop 65 chemical.
    2. If the SDS sheets are not available:
      1. Contact your manufacturers and get SDS sheets to avoid OSHA issues.
      2. Contact your manufactures.
        1. Confirm that their products do not contain any chemicals on the California Prop 65 list of chemicals: https://oehha.ca.gov/proposition-65/chemicals
        2. Get an agreement from them that if their product does contain one of the chemicals on the list or someone states that your product containing their product contains the chemicals they will either:
          1. Indemnify you
          2. Take over the litigation or claims and hold your harmless.
    3. If your manufacturer does not know or is not cooperating.
      1. Find a new manufacturer
      2. Send the product to a lab for testing
        1. I am recommending Act Labs: https://act-lab.com/
          1. Contact
            1. Devin Walton: 970 443 7825 dwalton@ad-Iab.com
            2. Michael Baker: (310) 607-0186 ext. 730 mbaker@act-lab.com
            3. Phil Bash: 562 470 7215 info@act-lab.com
          2. I get nothing from Act Lab for the referrals. (They promise me they’ll get me a beer at Interbike, but it will be a cheap one probably!)
        2. You need two things from a testing lab.
          1. You have to trust them.
          2. You have to be able to count on them in court if necessary to back up their results.
        3. I trust Act Lab. They know what they are doing, and they enjoy standing behind their results.
          1. They have testing facilities in the US and China.
  2. Based on your findings
    1. If you have chemicals in some products create the warning label for one of the chemicals found and place it on the product where the consumer can see the label before purchasing.
      1. Place the warning label on your website
      2. Place the warning label in your catalog
      3. Notify all retailers, in and out of California, of the products that must have a warning label on them.
        1. Supply the warning label to those retailers in California carrying products requiring the warning.
    2. If your product does not require a warning label.
      1. Have a beer.
  3. When does California Prop 65 not apply.
    1. If your company has ten of few employees, you do not have to post warnings on the products, however, I still would, see below.
    2. If your products containing the chemicals on the list were manufactured prior to August 30, 2018 you do not have to place the warning label on the product, but I still would, see below.
  4. Why CYA if you don’t have to.
    1. The cost of proving you don’t qualify is going to exceed the cost of complying.
      1. Attorneys and consumers cannot read UPC codes to determine the date of a manufacture.
        1. The cost to you of proving the manufacturing date is going to take time to show how the UPC code shows the manufacturing date. You may also have to supply additional documentation to support this information.
      2. Attorneys and consumers do not know how many employees you have.
        1. Unless you want to send copies of your payroll to law firms proving that you have less than ten employees is nearly impossible.
    2. The cost of proving you do not need the warning label on your product is much greater than the cost of just placing the warning label on the product.
  5. Is the warning label going to stop sales?
    1. California Consumers will not care about the warning label; it is going to be on everything they buy.
      1. Non-California consumers are going to get used to seeing it eventually, and they won’t care.
        1. I have one client shipped a product to Texas with the California warning label and had the consumer return the product because of it. Loss of one sale, that is a lot cheaper both in money and time than a lawsuit from California.

Additional Reading or Links

California Proposition 65 is a nightmare for manufacturers and as usual, manufacturer bad dreams are felt by retailers.    https://rec-law.us/2sKLYXA

Every Manufacturer worldwide selling in California must meet these new Labeling Requirements. New California Proposition 65 warnings will become effective in one year.    http://rec-law.us/2Dni4R2

Downloads

New California Proposition 65 warnings & Retailers II

California Proposition 65

CA Prop 65 Chemical list 5.18

California Proposition 65

California Prop 65 Website

Chemicals Considered or Listed Under Proposition 65    https://rec-law.us/2mCuoC8

About Proposition 65    https://rec-law.us/2M51ULV

New Proposition 65 Warnings    https://rec-law.us/2M6YqbH

If You Need Help

Information and Agreement to Review Your Products and Product Information Foreign Imports    https://rec-law.us/2M8hExw

Information and Agreement to Review Your Products and Product Information Foreign Imports    https://rec-law.us/2M8hExw

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