# Prop 65 Warning Compliance Checklist > Source: https://netray.co/tools/prop-65-warning-compliance-checklist > Publisher: Netray (netray.co), AI and integration engineering for ERP and manufacturing systems. > Section: Free Tools ## Short answer Work through the questions a manufacturer or seller should settle before shipping a product into California. ## Category compliance-legal ## Region United States ## Audience - Compliance engineer - Product safety - Sales operations ## Tool **Kind:** checklist **Groups:** #### Scope and applicability **Items:** **Text:** Confirm the product or component is sold, shipped or offered for sale to California customers **Critical:** true **Text:** Check whether the business has 10 or more employees, since smaller businesses are generally exempt **Critical:** true Identify any distributor or retailer that sells your product in California Confirm which facilities, if any, cause exposure to workers or neighbours in California Record whether the product is sold online with California shipping enabled #### Chemical review **Items:** **Text:** Obtain the current Prop 65 list of chemicals from OEHHA and note the date checked **Critical:** true **Text:** Map each BOM material, coating, plasticiser, solder and cable jacket against the list **Critical:** true Request supplier composition data for components with unknown formulation Include chemicals created by the process, such as combustion or byproducts Record the CAS number for each listed chemical found Note whether the chemical is listed for cancer, reproductive toxicity or both #### Exposure assessment **Items:** **Text:** Estimate how the user is exposed: ingestion, dermal contact, inhalation or a combination **Critical:** true **Text:** Compare estimated exposure to the safe harbor level, such as the NSRL for carcinogens or the MADL for reproductive toxicants **Critical:** true Document the test method, lab and sample basis used for exposure data Consider foreseeable use, cleaning and repair, not only intended use Decide whether a warning is required or the exposure is below the safe harbor level #### Warning content and placement **Items:** **Text:** Use clear and reasonable warning wording consistent with the safe harbor regulations **Critical:** true Include the symbol and signal word WARNING in the required format Name at least one listed chemical where the safe harbor method requires it Include the OEHHA website reference for further information Place the warning on the product label, packaging or by a method the customer sees before purchase Provide warnings in other languages where the product label uses them Make sure online product pages show the warning before checkout #### Records and monitoring **Items:** **Text:** Keep exposure assessments and test reports for each warned or exempted product **Critical:** true Set a review date to re-check the chemical list, which OEHHA updates regularly Log supplier notices and any 60-day notice of violation received Assign an owner for Prop 65 questions from customers and distributors Align the warning in your ERP item master or product data so labels stay consistent **Scoring Note:** Every critical item should be answered before shipping into California. This checklist is a general aid and not legal advice. Confirm warning text and thresholds with qualified counsel and the current regulations. ## Content **Intro:** California's Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65, requires a clear and reasonable warning before knowingly exposing people to listed chemicals. This checklist helps a manufacturer or seller walk through the decision in order. **Sections:** #### How to use the checklist **Body:** Work from top to bottom. Start with scope, because a business with fewer than ten employees or a product never sold into California is outside the warning duty. Next review your materials against the OEHHA list, then judge exposure. Tick the items you have evidence for and keep the supporting files. Export the list to PDF so the review can be signed off and filed with the product record. #### The method behind it **Body:** A warning is required when a product exposes a consumer to a listed chemical at a level above the safe harbor level, unless another exemption applies. For carcinogens the no significant risk level is set at a one in 100,000 lifetime risk over 70 years. For reproductive toxicants the maximum allowable dose level is generally one thousandth of the no observable effect level. The 2016 regulations, effective in 2018, set out safe harbor warning content and methods. #### Common mistakes **Body:** Many companies add a blanket warning to every product to avoid risk. That can create customer concern and does not replace the review. Others rely on a supplier statement that a part is Prop 65 free without any data. Enforcement is often through private plaintiffs who send a 60-day notice, so records matter. **Bullets:** - Reviewing only the finished product and not the components - Using old warning wording from before the 2018 rules - Missing the warning on online listings - Not rechecking the list when OEHHA adds chemicals **Cta:** If your product composition data sits in the ERP and supplier documents, we can help your team ask grounded questions over it without moving it off-site. **Faq:** #### Who has to comply with Prop 65? **Answer:** Businesses with ten or more employees that sell or distribute products or operate facilities in California, with some exemptions. Manufacturers, importers and retailers can all carry responsibility, so contracts often assign who provides the warning. #### What does a Prop 65 warning say? **Answer:** The current safe harbor format begins with a warning symbol and the word WARNING, states that the product can expose you to a named chemical known to cause cancer or reproductive harm, and points to the OEHHA website. Check the regulations for exact wording. #### Is a warning always required? **Answer:** No. If exposure is below the safe harbor level and the chemical is not intentionally added at a harmful level, no warning may be needed. You need data to support that conclusion, and the burden of proof is on the business. #### What happens if I do not warn? **Answer:** A private party or the Attorney General can serve a 60-day notice of violation and sue for civil penalties. Most cases settle, often with a warning commitment and fees. Keep your assessment files ready. ## Search terms Prop 65 warning checklist, Proposition 65 compliance checklist, Prop 65 warning requirements, Prop 65 manufacturer checklist, California Prop 65 safe harbor warning, Prop 65 listed chemicals review, Prop 65 60-day notice, Prop 65 compliance for electronics --- Talk to an engineer: https://netray.co/contact?intent=erp_ai | Machine catalog: https://netray.co/agent/catalog.json