As a business, how do I know if I need to provide a Proposition 65 warning?

The statute states that “no person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state (California) to cause cancer or reproductive toxicity without first giving a clear and reasonable warning …” Based upon your knowledge of your business operations and chemicals used, you should review the Proposition 65 list at http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html and determine which chemicals would likely be involved in exposures to individuals.

OEHHA has established safe harbor levels (levels of exposure that trigger the warning requirement) for some, but not all, listed chemicals. Businesses that cause exposures greater than the safe harbor level must provide Proposition 65 warnings. These safe harbor levels are available in the February 2008 Status Report available at https://roar-assets-auto.rbl.ms/documents/68705/Feb2008StatusRpt.pdf. Over time, we expect to adopt additional safe harbor numbers as explained in the report.