IMPORTANT NOTICE ABOUT CALIFORNIA’S PROPOSITION 65
Dear Valued Customer:
We are writing to inform you of certain important changes to the regulations governing safe harbor warnings under the California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. These changes will affect the way in which you provide warnings for certain Bonide products and will require you to undertake certain specific actions if you wish to benefit from the safe harbor protection from enforcement actions.
What is Proposition 65?
Proposition 65 requires businesses to provide clear and reasonable warnings for “exposures” to chemicals on the Proposition 65 list. The law is enforced by civil lawsuits that can be filed by public enforcers or by private bounty hunters. Alleged violators may be subject to up to $2,500 civil penalties per day of violation and may be required to pay the plaintiff’s attorneys’ fees.
The new safe harbor regulations
As you may know, the California Office of Environmental Health Hazard Assessment (“OEHHA”) revised the Proposition 65 safe harbor warning regulations on August 30, 2016. The new regulations become fully effective on August 30, 2018. Among the changes imposed is the requirement that website warnings be provided for online sales of products even if the product is already labeled with a warning. Similarly, warnings in catalogs must be provided for catalog sales of products even if the product already is labeled with a warning.
Specifically, Sections 25602(b) and (c) of the new regulations state:
“(b) For internet purchases, a warning that complies with the content requirements of Section 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Section 25602(a)(4), the warning provided on the website may use the same content as the on-product warning. For purposes of this subarticle, a warning is not prominently displayed if the purchaser must search for it in the general content of the website.
(c) For catalog purchases, the warning must also be provided in the catalog in a manner that clearly associates it with the item being purchased. If an on-product warning is being provided pursuant to Section 25602(a)(4), the warning provided in the catalog may use the same content as the on-product warning.”
Your online and/or catalog sales
Certain Bonide products are labeled with Proposition 65 safe harbor warnings. The list of affected products can be listed below. Therefore, in order to benefit from the safe harbor protection from enforcement actions, you may be required to provide such warnings on your website, for online sales, and/or your catalogs, for catalog sales. Bonide will not accept any responsibility for failure of its customers to comply with these regulations.
For more information, please go to www.oehha.ca.gov or consult an attorney.
Products that carry the California Prop 65 notice: