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 $5,000 per day for every day that passes until your business places proper labels on those products.
Prop 65 fines can apply even if you attempted to comply with Prop 65, but made an error in the composition of your product, or in the warning label of your product.
Additionally, in the case of a lawsuit, a business in found to be in violation of Prop 65 may also be forced to pay the costs of litigation to bring the lawsuit against that business -- including attorney fees.
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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 ...
Does Prop 65 Regulate Mold?
No. Mold, including toxic mold, is not part of Prop 65's list of regulated chemicals.
Who Enforces Prop 65 Rules and Violations?
The California Attorney General's Office is in charge of enforcing Prop 65. However, the following parties can also bring lawsuits and request fines be imposed for Prop 65 violation: California district attorneys California city attorneys (for cities ...
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.
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 ...