Effective August 30th, 2018, new labeling requirements are in place for products sold in California, including through the Internet.
What is Proposition 65?: "Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals."
Using your labeling software to make needed changes: If you are using software to create your labels, you may be able to simply modify the label template to include any necessary language. A number of labeling products can be found here.
|Above sample label is courtesy of Teklynx, a leader in enterprise label software. Find them at https://www.teklynx.com/|
"... a warning may be provided through electronic means such as clicking a link, scanning a bar code, reading a QR code or viewing a display as long as the consumer has reasonable notice and instructions on how to locate the warning. However, any warning method that requires a consumer to go through “considerable effort” to find the warning is not clear and reasonable for purposes of the Act." Additionally, the language in sections of the proposition seems to require the name of the dangerous chemical to be displayed without a click or scan.
Sources and Sites for more info:
California Proposition 65 info page: https://www.p65warnings.ca.gov/
Questions and Answers For Internet and Catalog Sales https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa_internet_warnings.pdf
Final Statement of Reasons Title 27, California Code of Regulations https://oehha.ca.gov/media/downloads/crnr/art6fsor090116.pdf
DISCLAIMER: THIS ARTICLE IS NOT INTENDED TO PROVIDE LEGAL OR ENVIRONMENTAL ADVICE AND THE BAR CODE NEWS DOES NOT ACCEPT ANY RESPONSIBILITY FOR ACCURACY. READERS SHOULD OBTAIN THE ADVICE OF A QUALIFIED ENVIRONMENTAL EXPERT.
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