New Prop 65 warning

[Tyke8319]

[vino68]

Op, solid information. Thanks for posting.

[Bigdog68]

Can we now rise up an amend prop 65 into death, now that everything in the world can cause cancer?

[pacrat]

A retail grocery store local to me has Prop 65 warning signs.

ON EVERY SHELF IN THE BREAD AND CHIPS ISLES.

[ugimports]

*sigh* -- Maybe instead of one blanket notification, we'll make copies of all the "specific" ones and place at our desk where customers pay so it covers everything passing over the desk. We really only have 3 categories to worry about. Firearms, Ammo, and magazines for the most part. So I guess I'll have to lookup the "specific" notices for those items now ...

[Cortelli]

I'm guessing this is why some out of state ammo sellers are refusing to sell to CA residents (whether FFL03 or through an FFL01)? Another challenge to sell into CA?

[Skip_Dog]

My shop just posted a boat load of these signs today.

[Tyke8319]

The letter from C. D. Michel was lengthy and covered other "stuff" pertaining to Prop 65. I didn't post all of it and there was no way to post a link to it. Might be on the CPRA web sight under "ranges" or something.
I could cut, copy and paste the rest if there was that much interest.
I redid my signs to include the air we breath..

[32spoke]

New Prop 65 warning

A retail grocery store local to me has Prop 65 warning signs.



ON EVERY SHELF IN THE BREAD AND CHIPS ISLES.

[OCArmory]

Also curious how this applies to stores with fewer than 9 employees. The states FAQ says we are exempt from prop 65 but is the stuff we sell in our store exempt. Note: I do not manufacture anything

[ugimports]

Also curious how this applies to stores with fewer than 9 employees. The states FAQ says we are exempt from prop 65 but is the stuff we sell in our store exempt. Note: I do not manufacture anything

ETA: here it is:

https://oehha.ca.gov/proposition-65/proposition-65-faqs

Are any businesses exempt from Proposition 65?
Yes. Small businesses with fewer than 10 employees, governmental agencies, and public water systems are exempt from the warning requirement and discharge prohibition of Proposition 65.

Not sweating as much now..

[Tyke8319]

ETA: here it is:

https://oehha.ca.gov/proposition-65/proposition-65-faqs

Not sweating as much now..

I hear ya... BUT...
Not to have anyone break out in a cold sweat but your reference is dated 2/1/14.

The memo we received is 5/21/19 and specifically says there are changes to the regulations and new amendments have been added.
So it might be worth finding current information to determine if past language is still the current language.

[ugimports]

I hear ya... BUT...
Not to have anyone break out in a cold sweat but your reference is dated 2/1/14.

The memo we received is 5/21/19 and specifically says there are changes to the regulations and new amendments have been added.
So it might be worth finding current information to determine if past language is still the current language.

I'll email them and find out.

[Kyle1886]

I wish all you FFL's the best of luck with the Prop 65 fiasco.

(My wife just tried to order some cosmetics on line (out of state) and no go because of Prop 65, so it's hits a lot of areas).

Wishing you guys and gals the best.

Kyle

[ugimports]

So here's the response I got (not what I wanted to read):

Thank you for contacting OEHHA regarding Proposition 65. Technically, a company is exempt from the warning requirements if in fact they have fewer than 10 employees. However, they may have contractual obligations to those they sell to that could include indemnification agreements or agreements to “comply with all California laws” that could pull them into litigation. It would be best for the company to consult with their own counsel concerning their potential for liability in that regard.



The Proposition 65 statute (HSC section 25249.6) “clear and reasonable” warning requirement applies only to a “person in the course of doing business.” If a manufacturer’s believes their product will cause an exposure to a listed chemical in California they should provide a warning for the product. Even though an entity in the supply chain may be exempt, the next downstream entity may not be. Ultimately, if a warning is not provided to the consumer before an exposure to a listed chemical, there is potential for enforcement activity. Businesses can enter into agreements to allocate responsibility to provide warnings pursuant to Section 25600.2(i). You may wish to speak with the Office of the Attorney General with enforcement-related questions - https://oag.ca.gov/prop65/contact-us .

Consistent with the Act, OEHHA’s new regulations place primary responsibility for providing warnings on product manufacturers, producers, packagers, importers, suppliers or distributors. For consumer product exposures, businesses in the above categories must either provide a warning on the product, or provide notice and warning materials to “the authorized agent” for a retail seller and receive an acknowledgment that the notice and materials were received. The retail seller is responsible for placement and maintenance of the warning materials he/she receives from the product manufacturer, producer, packager, importer, supplier or distributor. Businesses should carefully review the new requirements (Section 25600.2).

Manufacturers and others in the chain of commerce should take appropriate actions to ensure that the warning is passed along to the retailer and ultimately to the consumer. How that is done will vary from situation to situation. A manufacturer or producer may choose to enter into a contract with other businesses along the chain of commerce for their product to ensure that the warning is appropriately transmitted to the retailer and end consumer.



Here are other useful links for more information on Proposition 65:

New Proposition 65 Warnings: https://www.p65warnings.ca.gov/new-p...on-65-warnings



Q&A for Businesses on the Proposition 65 Clear and Reasonable Warnings: https://www.p65warnings.ca.gov/sites...usiness_qa.pdf



Q&A on Internet and Catalog Warnings: https://www.p65warnings.ca.gov/sites...t_warnings.pdf



Sample Warnings and Translations- https://www.p65warnings.ca.gov/warni...ons-businesses



Warning symbol: https://www.p65warnings.ca.gov/warning-symbol



Proposition 65 regulations - http://www.oehha.ca.gov/prop65/law/index.html.



Proposition 65 in plain language - http://oehha.ca.gov/prop65/background/p65plain.html.



For Proposition 65 updates, you can subscribe to our listserv at: http://www.oehha.ca.gov/Listservs/default.asp.



I hope you find this helpful.



Kind regards,

Esther Barajas-Ochoa

Associate Governmental Program Analyst

Office of Environmental Health Hazard Assessment

1001 I Street

Sacramento, CA 95812

And this isn't just an FFL thing..it's an every business in CA thing