CA Prop 65

Cal EPA Office of Environmental Health Hazard Assessment 5
Proposition 65 Clear and Reasonable Warnings
Questions and Answers for Businesses Revised - August 2017
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.
Q14: If a company manufactures component parts or ingredients that are sold in
bulk to other manufacturers or formulators, how can it comply with the
requirement to provide a warning, especially if the need for a warning depends on
the concentration or the manner of use of the listed chemical in the final product?
A company that manufactures component parts or ingredients that include listed
chemicals can comply with the obligation to warn persons who can be occupationally
exposed to the bulk product by providing warnings consistent with Section 25606. The
company would only have responsibility for a consumer warning if it has knowledge that
the end use of the component part or ingredient can expose a consumer to a listed
chemical. For example, if a manufacturer of a food ingredient knows that the ingredient
is typically used in certain types of prepared foods and could thereby result in an
exposure under the Act, then the ingredient manufacturer should provide the warning
notice to the product manufacturer. The product manufacturer is then responsible for
determining whether the product they are manufacturing causes an exposure to the
chemical at a level that requires a warning. If so, the product manufacturer is
responsible for passing the information along to its customers or the product retailer. In
such a situation, the ingredient manufacturer may also choose to work with the product
manufacturer to evaluate whether the product should have a warning and may enter
into a contract with product manufacturers to ensure that the warning is transmitted to
the retailer and ultimately the consumer.
Subarticle 2. Safe Harbor Methods and Content
Q15: What are the type size requirements for safe harbor warnings?
Type size requirements depend on the category of exposure covered by the safe harbor
warning. Consumer product exposure warnings must generally be prominently
displayed on a label, labeling, or sign, and must be displayed with such
conspicuousness as compared with other words, statements, designs or devices on the
label, labeling, or sign, as to render the warning likely to be read and understood by an
ordinary individual under customary conditions of purchase or use. Some safe harbor
warnings, such as on-product warnings for consumer products (Section 25602),
environmental exposure warnings (Sections 25604, 25605), and several “tailored
warnings” (Section 25607.1, et seq.), have specific minimum type-size requirements.
You should refer to the safe harbor methods corresponding to the exposure category for