Are any businesses exempt from Proposition 65?

Yes. Small businesses with less than 10 employees, governmental agencies, and public water systems are exempt from the warning requirement and discharge prohibition of Proposition 65. This is addressed in the definition for “person in the course of doing business” in section 25249.11(b) of the Health and Safety Code, which states, “Person in the course of doing business’ does not include any person employing fewer than 10 employees in his or her business; any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; or any entity in its operation of a public water system as defined in Section 4010.1.”