Prop 65 Exemption for Out-of-State Manufacturers

By Veronica Marrero, Regulatory Compliance Specialist

Proposition 65 Overview

Proposition 65 requires companies doing business in the state of California, including those shipping products into California, to provide clear and reasonable warnings for products that can significantly expose the public to listed chemicals. These listed chemicals, maintained by the State under Proposition 65, include those that are carcinogens and/or reproductive toxicants. Proposition 65 was incorporated into California’s State Plan through the California Hazard Communication Standard (HCS), as approved by the federal Occupational Safety and Health Administration (OSHA).

Implications for Out-of-State Manufacturers

In this incorporation, it was determined that Proposition 65 warning requirement does not extend to out-of-state manufacturers of industrial products selling into California for industrial and commercial use only. However, this does not remove the warning requirement for employers in California. In addition, the California Code of Regulations regarding Proposition 65 Clear and Reasonable Warning requirements, specifically 27 CCR § 25606 on Occupational Exposure Warnings, states the following:

(a) A warning to an exposed employee about a listed chemical meets the requirements of this sub-article if it fully complies with all warning information, training, and labeling requirements of the federal Hazard Communication Standard (29 Code of Federal Regulations, section 1910.1200 (Feb. 8, 2013)), hereby incorporated by reference, the California Hazard Communication Standard (Title 8, California Code of Regulations section 5194), or, for pesticides, the Pesticides and Worker Safety requirements (Title 3, California Code of Regulations section 6700 et seq.).

Prior to declaring the out-of-state manufacturer exemption referenced in this article, it is highly recommended to consult with in-house or third-party regulatory and/or other qualified professionals to ensure the exemption truly applies. Please contact the GSM Regulatory Team if you would like more guidance around the new requirements and the specific impact on your products.