SGIA Journal Graphic November/December 2016 - 8

First to Know
considered "clear and reasonable" and helps keep businesses

seller, but is able to charge a fee for doing so. To ensure com-

safe from penalties related to Prop. 65. With the amendments

pliance, the manufacturer must in addition acquire confirma-

to the regulations, this language has been revised to change

tion from the retail seller that their notice has been received.

the nature of these warnings and give consumers more access

These notices must be sent out within six months of the

to information on listed chemicals.

enactment of the effective date of these new regulations, and

The language required to provide sufficient warning on the

thereafter must be sent annually.

labels has changed to reflect a more assertive stance on expo-

Along with these new warning requirements, OEHHA has

sure warnings. Previously the label could read, "This product

also taken on new authority to enforce Prop. 65. OEHHA can

contains," followed by the chemical name. Now, the label must

now ask businesses to provide them with additional information

read "This product can expose you to," followed by the chemi-

about chemicals listed on their warnings. This information can

cal name. In addition, the label must list at least one chemical

include concentration levels, exposure levels, and the location

contained in the product for both risk of cancer and reproduc-

of the chemical in the product. Businesses have up to 90 days to

tive toxicity. In certain cases, the labels must now be translated

respond once OEHHA has requested such information.
Businesses are advised to prepare for these changes now

into foreign languages, while under the old rule there were no

to avoid fines or other consequences later down the road.

translation requirements.
The new labels must have a hazard symbol as well as a

Enforcement of Proposition 65 is carried out by the California

link to the Office of Environmental Health Hazard Assessment

Attorney General's Office. However, a district or city attorney,

(OEHHA) website that now has information about the warn-

or an individual, may enforce Prop. 65 and engage in a law-

ings, including the name of the listed chemical, its concentra-

suit against a business they believe did not place a sufficient

tion and potential exposure levels. These warnings are needed

warning on a product. Fines for violating Proposition 65 can

on all products sold in California, including products sold

be up to $2,500 per day for each violation.
SGIA continues to monitor the implementation of this

online to consumers in California.
Additionally, information on responsibility for provid-

important piece of legislation.

ing warnings has been clarified. This specifically impacts
manufacturers transferring products to retail sellers. In this
case, the manufacturer must notify the seller that a warning
is required - and must specify, including a name or description, the product that requires a warning. The manufacturer

To find the most up-to-date regulatory and
legislative information about specialty imaging,
visit SGIA.org/FirsttoKnow.

must also offer to provide warning materials to the retail

Change
is Good.

Rigid back
panel.

Switch your displays quickly and
effortlessly with our Snap Frame
or Door Snap. Custom sizes are
available to fit any job or decor.

golf
lessons

ask for details

VKF Renzel USA Corp.
847-228-9800
www.vkf-renzel.us

Snap Frame
opens in front.
Available in silver
or black finish.

3 Continents 23 Countries 30,000 + Products 100% Satisfaction

SGIA_11_2016_ThirdH_01.indd 1

6 | SGIA Journal

■

November/December 2016

Visit SGIA at SGIA.org

10/3/16 10:08 AM

SGIA Journal Graphic November/December 2016

Table of Contents for the Digital Edition of SGIA Journal Graphic November/December 2016