Businesses with fewer than 10 employees and government agencies are exempt from Proposition 65 warning requirements. This means they are not obligated to provide warnings for exposures to listed chemicals or comply with the prohibition on discharging listed chemicals into sources of drinking water.
Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California law that requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. While its scope is broad, certain entities are specifically excluded from its provisions.
Key Exemptions from Proposition 65
The primary exemptions for Proposition 65 compliance are clearly defined, focusing on the size of businesses and the nature of governmental operations.
| Category | Description |
|---|---|
| Small Businesses | Businesses that employ fewer than 10 individuals are exempt from Proposition 65's requirements. |
| Government Agencies | All federal, state, and local government agencies are exempt from the warning and discharge prohibitions. |
These exemptions are in place to balance the public's right to know about chemical exposures with the practical considerations for smaller entities and public services. For instance, the intent is not to burden small, local businesses with the extensive compliance requirements that larger corporations might handle.
Understanding the Purpose of Prop 65
The core purpose of Proposition 65 is to protect California's drinking water sources from contamination with chemicals known to cause cancer, birth defects, or other reproductive harm, and to require businesses to inform Californians about exposures to such chemicals. The state maintains a list of these chemicals, which is updated at least once a year.
Importance of Compliance for Non-Exempt Entities
For businesses that do not fall under these exemptions, compliance with Proposition 65 is crucial. This involves:
- Identifying Listed Chemicals: Knowing if any products, operations, or facilities involve chemicals on the Prop 65 list.
- Providing Clear Warnings: Ensuring warnings are "clear and reasonable" to consumers before exposure.
- Preventing Discharges: Prohibiting the discharge of listed chemicals into drinking water sources.
Adherence to these regulations helps protect public health and avoids potential legal action, including lawsuits brought by private citizens acting in the public interest. More detailed information regarding compliance and the scope of Proposition 65 can be found on the Office of Environmental Health Hazard Assessment (OEHHA) website.
