Prop 65 Warning Checklist (Free, PDF/Excel Export)

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8 critical items still open - these are the highest-risk gaps.

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Scope and applicability

Confirm the product or component is sold, shipped or offered for sale to California customersCRITICALCheck whether the business has 10 or more employees, since smaller businesses are generally exemptCRITICALIdentify any distributor or retailer that sells your product in CaliforniaConfirm which facilities, if any, cause exposure to workers or neighbours in CaliforniaRecord whether the product is sold online with California shipping enabled

Chemical review

Obtain the current Prop 65 list of chemicals from OEHHA and note the date checkedCRITICALMap each BOM material, coating, plasticiser, solder and cable jacket against the listCRITICALRequest supplier composition data for components with unknown formulationInclude chemicals created by the process, such as combustion or byproductsRecord the CAS number for each listed chemical foundNote whether the chemical is listed for cancer, reproductive toxicity or both

Exposure assessment

Estimate how the user is exposed: ingestion, dermal contact, inhalation or a combinationCRITICALCompare estimated exposure to the safe harbor level, such as the NSRL for carcinogens or the MADL for reproductive toxicantsCRITICALDocument the test method, lab and sample basis used for exposure dataConsider foreseeable use, cleaning and repair, not only intended useDecide whether a warning is required or the exposure is below the safe harbor level

Warning content and placement

Use clear and reasonable warning wording consistent with the safe harbor regulationsCRITICALInclude the symbol and signal word WARNING in the required formatName at least one listed chemical where the safe harbor method requires itInclude the OEHHA website reference for further informationPlace the warning on the product label, packaging or by a method the customer sees before purchaseProvide warnings in other languages where the product label uses themMake sure online product pages show the warning before checkout

Records and monitoring

Keep exposure assessments and test reports for each warned or exempted productCRITICALSet a review date to re-check the chemical list, which OEHHA updates regularlyLog supplier notices and any 60-day notice of violation receivedAssign an owner for Prop 65 questions from customers and distributorsAlign the warning in your ERP item master or product data so labels stay consistent

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.

Keep product compliance data in one place

Optional: discuss linking composition and label data from your ERP to a private assistant.

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How to use the checklist

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

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

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.

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

Frequently Asked Questions

Who has to comply with Prop 65?

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?

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?

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?

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.

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.

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