California Proposition 65

Approved by voters in 1986, this law was intended to address public concerns over chemicals and compounds in the environment. This law became commonly known as Prop 65.

Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide warnings on products about potential health risks.

Recreational fishing businesses need to be aware of Proposition 65 regulations and ensure compliance with warning requirements. This includes understanding which chemicals are covered by the law, providing appropriate warnings when necessary, and staying informed about updates or changes to regulations. Compliance with Proposition 65 regulations may result in additional costs for businesses, such as testing equipment for chemical content and implementing labeling or warning systems.

CALIFORNIA PROPOSITION 65 GUIDELINES- UPDATED JAN 2025

In December 2024, California’s Office of Environmental Health Hazard Assessment (OEHHA) finalized changes to the commonly-used short-form warning labels. This regulatory action will overhaul the Prop 65 short-form warning, requiring that products be labelled with at least one chemical name and providing additional warning options. The regulations provide businesses that currently rely on the existing short-form warnings three years to transition to the new short-form content.

• Chemical Identification: Short-form warnings must now include at least one chemical name for each exposure pathway (cancer or reproductive harm).
• New Warning Statement Options: Businesses can choose between two options for the warning statement, depending on whether the exposure is to a carcinogen or a reproductive toxicant.
• Prominent Display: Short-form warnings must be prominently displayed and cannot be smaller than six-point type.
• Warning Symbol: The yellow triangle with the exclamation point remains a requirement, but businesses can also use the phrases “CA WARNING” or “CALIFORNIA WARNING” instead of just “WARNING”.
• Website Link: The warnings must include the website www.P65Warnings.ca.gov.
• Transition Period: Businesses have a three-year transition (ending Jan. 1st, 2028) period to comply with the new regulations.

ASA has been in discussions with a law firm that specializes in Prop 65, to assist ASA and our members in transitioning to the new short form warning. However, this campaign is on hold given the current attention on tariffs.

ASA encourages its members to consult with your legal counsel and determine the best application of the new warnings to protect your company from predatory “bounty hunter” lawsuits in California. Below is a list of attorneys familiar with Prop 65.

These attorneys are familiar with and have experience with Proposition 65 litigation. This is not a definitive list. All ASA’s members are free to choose an attorney that best fits their business needs.