How Can My Business Prove the Chemicals in Its Products Do Not Pose a Substantial Risk of Harm?
If your product contains a chemical listed in the Prop 65 chemical list, and if that chemical is above the safe harbor levels, you still may not need to comply with Prop 65's labeling requirements if you can prove that the chemical concentration does not pose a significant risk to health or the environment.
To prove that, your business is responsible for testing the product and obtaining the necessary proof. Your business may hire the services of a company, such as Rumzer, to test, identify, measure, and evaluate the toxicity of your product.
When Should a Product Include a Prop 65 warning?
If your business is subject to Prop 65, your products may need to include Prop 65 warnings. A product should include a Prop 65 warning if: The product contains one or more chemicals included in Prop 65's chemical list The chemical(s) in question ...
How Does a Private Prop 65 Lawsuit Work?
The first step in a Prop 65 lawsuit is notice. Anyone authorized to bring suit under Prop 65 can serve a business with a notice of violation of Prop 65. The business then has 60 days to either comply with Prop 65, or explain how it is already ...
Can a Business Be Exempt from Prop 65?
Yes. A business is exempt from Prop 65 requirements if it has fewer than 10 employees. Likewise, governmental agencies and public water systems are also exempt from Prop 65.
What are the Penalties for Not Complying With Prop 65?
If your business does not comply with Prop 65, you can be fined up $2,500 per violation per day. For example, if your business has two products containing chemicals listed in the Prop 65 chemical list and lack proper labels, you can be fined up to ...
Does Prop 65 Regulate Mold?
No. Mold, including toxic mold, is not part of Prop 65's list of regulated chemicals.