Effective August 30, 2018, new requirements to the California’s Proposition 65 (Prop 65) will affect all products and parts sold in California. Prop 65 is shorthand for California’s “Safe Drinking Water and Toxic Enforcement Act of 1986”. The intent of Prop 65 is to warn Californians about products or environments that may result in material exposure to chemicals that can cause cancer, birth defects, or other reproductive harm.
Under the new regulations, all products produced on or after August 30, 2018, and sold in or into California must include Prop 65 warnings to consumers prior to the retail sale of the product.
Many manufacturers have complied with Prop 65 requirements by the use of product labeling and various warnings on product packaging, in the form of labels or hangtags, and in the owner’s manuals for power equipment and engines. Vendors will be applying warnings to spare parts packaging where possible. The warning will read:
As a dealer, you are responsible for communicating the new warnings to all California customers at the point of sale.
The new regulation requires that when you sell a spare part to the customer from behind the service counter or other location in your facility, you must provide the customer with the spare part with the
Proposition 65 pre-printed label either directly on the product (for larger parts) or directly on the packaging for the item.
As a servicing dealer, you are not required to provide this warning if you have installed the spare part while servicing the machine.
If your dealership requires additional Proposition 65 labels, please use Part No. MSPROP65LABEL
Dealers located outside of California that are selling affected consumer products to customers located in California are obligated to follow the same requirements as dealers located in California. As such, Dealers located outside of California may order a supply of the Proposition 65 warning labels at no cost.
For internet sales by a dealer located in California or by an out-of-state dealer to a customer located in California, the Proposition 65 warning must be prominently displayed to the consumer on the affected consumer product information page prior to completing the internet sale. The Proposition 65 warning must be placed on that product before it is shipped to the consumer.
Proposition 65 Noncompliance Penalties:
Enforcement of the new Proposition 65 warning requirements will be August 30, 2018 for items manufactured after this date. Failure to apply a Proposition 65 warning label to each affected consumer product could result in claims by the State of California or private attorneys general (i.e.,plaintiffs’ attorneys) against your dealership. Penalties for non-compliance can be levied against product manufacturers and retailers alike. California dealers may want to consult counsel or dealer associations for more details to determine how the regulations will affect their business.
Should you have any questions regarding California’s new Proposition 65 regulations and the exposure warning requirements in particular, please visit: www.p65warnings.ca.gov