PHTA California Proposition 65 Facts for Manufacturers

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The proposition protects California’s drinking water sources from being contaminated with chemicals known to cause cancer, birth defects, or other reproductive harm, and requires businesses to inform Californians about exposure to such chemicals.

In late 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) concluded a rulemaking process which updated the California Proposition 65 Safe Harbor labeling requirements. PHTA submitted comments to the OEHHA on behalf of affected members that resulted in many of the proposed changes being dropped. The remaining changes may affect you if your business sells items in California that contain chemicals on the Proposition 65 list.

Proposition 65, Pool and Spa Equipment Common Chemicals

Where Can I Get Information on the Warning Symbol?

With some exceptions, the warning symbol is a required element of safe harbor warning content. The symbol consists of a black exclamation point in a yellow equilateral triangle with a bold, black outline. The symbol must be placed to the left of the text of the warning in a size no smaller than the height of the word “WARNING”. If the sign, label, or shelf tag for the product is not printed using the color yellow, the symbol may be provided in black and white.

Businesses may download the symbols provided here for use in Proposition 65 warnings. A business wishing to provide a safe harbor warning must meet all applicable requirements of the California Title 27, Division 4, Article 6 Clear and Reasonable Warnings regulations.

Changes to Labeling Requirements

The most significant change to the Safe Harbor warning requirements implemented in the latest update is the addition of a requirement to name a specific chemical that appears on the Proposition 65 list on the warning label presented with your product. Prior to these changes being implemented, businesses could simply provide a warning without providing information about which listed chemical was contained in their products.

Safe Harbor limits exclude the need to provide a Proposition 65 warning if the amount of the listed chemical falls below the minimum level provided on the Proposition 65 No Significant Risk and Maximum Dose Level list.

There was also a reduction in the number of warnings that need to be provided for products distributed through internet or catalog sales. Internet sale items now meet the Proposition 65 requirements if the required warning is provided as either (A) a warning on the product display page, or (B) a clearly marked hyperlink using the word “WARNING” or the words “CA WARNING” or “CALIFORNIA WARNING” on the product display page that links to the warning, or (C) an otherwise prominently displayed warning provided to the purchaser prior to completing the purchase.

For catalog sales, the required warning must be provided in the catalog in a manner that clearly associates it with the item being purchased.

The above changes took effect January 1, 2025. Enforcement begins January 1, 2028.

Additional information is provided by the State of California at the links below.

• Proposition 65 - OEHHA
• Businesses and Proposition 65 - OEHHA
• The Proposition 65 List - OEHHA