CA Prop 65

Cal EPA Office of Environmental Health Hazard Assessment 7
Proposition 65 Clear and Reasonable Warnings
Questions and Answers for Businesses Revised - August 2017
Q19: Can a sign combine two different safe harbor warnings?
It is possible to provide two or more warnings on a single sign. However, combining the
content of multiple warnings into one warning message would not comply with the safe
harbor requirements. If a business provides a warning in this manner, it would not
benefit from the safe harbor protections of the regulations. For example, if a vehicle
repair facility allowed smoking at its facility such that warnings were required both for
the environmental exposure to petroleum products and tobacco smoke, the required
warning elements for each situation must be included. A combined sign would need to
be 8 ½ by 11 inches in dimension (designated smoking area requirement), posted at
each public entry of the repair facility as well as within the area in which smoking
occurred, printed in no smaller than 32-point type (repair facility requirement) with the
messages enclosed in boxes to satisfy the safe harbor requirements. (Sections
25607.26, 25607.27, 25607.28, and 25607.29)
Q20: Can a business provide a general Proposition 65 warning at each public
entrance to a store instead of providing warnings for specific consumer
products?
No. A standalone warning at public entrances purporting to cover all possible consumer
product exposures would not meet the requirements for safe harbor warnings under the
new regulations.
Internet and Catalog Warnings
Q21: Must warnings be provided for internet purchases? Must a product sold
over the internet have a warning in order to meet the safe harbor requirements?
Yes, under the safe harbor provisions of the regulations, warnings are required for
purchases made over the internet following the methods in Section 25602(b). Warnings
must be provided to the consumer prior to completing the purchase, and a warning must
be provided via any one of the four methods for consumer products in Section 25602,
subsections (a)(1)-(4). For a website warning, if a label is used for a product warning, a
business may opt to provide a hyperlink to the warning or a picture of the warning label
used on the product. In addition, if an on-product (short-form) warning is provided on
the product label, the website warning may use the same content.
Q22: Must warnings be provided for catalog purchases? Must a product sold
through a catalog also have a warning in order to meet the safe harbor
requirements?
Yes, under the safe harbor provisions of the regulations, warnings meeting the
requirements of Section 25602(c) are required to be provided for purchases made
through catalogs prior to completing the purchase, and a warning must be provided via
any one of the four methods for consumer products in Section 25602, subsections