Proposition 65: Businesses With Fewer Than 10 Employees

Under Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), businesses with fewer than 10 (ten) employees are exempt from the requirement to include warning labels on products. However, if such a business sells products to a larger business that is required to provide warnings per Proposition 65, the larger business may request information related to Proposition 65 from the smaller business in order to correctly label their own products.

The smaller business (with fewer than 10 employees) does not have a legal obligation in this situation. However, sales agreements may require information sharing for compliance purposes. There is also a business risk involved in refusing to provide information, since potential customers may decide against purchasing from a supplier that cannot provide the information they need.


Article current as of December 2018.

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