Policy Watch

California’s Proposition 65 Labeling Requirements Change on August 30, 2018

Many sportfishing products contain chemicals that require consumer warnings under California’s Proposition 65.

In 2016, California enacted regulations changing “safe harbor” labeling requirements and imposing new obligations to warn. The compliance deadline is August 30, 2018 and applies to all goods manufactured on or after that date.
In addition to the change in warning language, notices must be product specific. Some products will be adequately labeled by the manufacturer, but bulk and repackaged products will need warning provided by the retailer.

Detailed compliance requirements are available from a variety of sources, including the American Sportfishing Association’s (ASA) website. ASA has held seminars and webinars over the past two years.

DO NOT ASSUME THAT THE NEW REQUIREMENTS DO NOT APPLY TO YOU!

For Manufacturers and Importers
Products manufactured on or after August 30, 2018 must include warnings with specific triangle graphic and language. For bulk and/or unlabeled products, you must provide instructions and language to downstream merchants. There are detailed requirements for font size and, potentially, for multilingual warning language.

Online, Catalog and All Other Retailers
Warning requirements now apply to you. You must provide consumers with product specific warning language before purchase.

Proposition 65 Information/Instructions for ASA Members
Specific information about Prop 65 is available for ASA’s members in the online Member Resource Center under Advocacy & Policy. Prop 65 information resources include a recorded webinar and FAQs.

Additional Information Regarding Legal Guidance
The ASA Members’ website also includes the names and contact information of several law firms/attorneys with expertise in Proposition 65 issues and law.

Obtaining the Member Resource Center Login
The Member login is in the upper right of the main page on ASA’s website.

If you need the Member Resource Center password, please contact ASA Membership Director Kirk Ross, at kross@asafishing.org or 703-519-9691, x234.