We are contacting you in regard to the upcoming changes to the California Safe Drinking Water and Toxic Enforcement Act of 1986, or better known as Proposition 65, that will take effect on August 30, 2018. A few of the major changes are “tailored” warning labels, tags or signs providing more specific product information and the new requirement of website warnings for products purchased over the internet.
In general Proposition 65 requires businesses to provide clear warnings to the residents of California about chemicals known in the State of California to cause cancer, birth defects or other reproductive harm. It is important to note Proposition 65 not only applies to businesses in California, it requires any manufacturer, distributor, or retailer that sells or ships product to California to also comply. Proposition 65 requires warning labels to be placed on the product (or packaging) containing certain chemicals which the State of California has identified as carcinogens and/or reproductive toxicants.
Originally this proposition was intended to protect drinking water sources from chemical contamination; however over the past several years the scope of the law has since grown to include 900+ chemicals or ingredients the California Office of Environmental Health Hazard Assessment (OEHHA) lists as carcinogen or reproductive toxicants. Many of which are common everyday additives found in products such as jewelry, lamps, tableware, beauty products, furniture, etc.
Proposition 65 does directly affect HPC fire pits and select components we offer. If you or your customers sell / ship or have the potential to sell / ship these products to the State of California through consumer retail, e-commerce or distribution, we are requiring your compliance with all Proposition 65 regulations. All affected HPC products will ship with the compliant labels affixed to the products or their immediate packaging. If a label provided by HPC is removed or modified, another compliant label must replace it.
Currently there are two Proposition 65 warning labels applicable to HPC product that will be applied at our factory- one warning label is for Lead found in brass components, which will be applied to the product packaging; the other label is for the potential risk of Carbon Monoxide (CO) exposure, which will be applied directly to the product. The Dealers / Distributors that buy components in bulk (master cartons) then repackage and sell / ship these products individually to California are required to apply the proper label(s). Please note it is not necessary to update any product or package warning labels for any currently labeled HPC products in your possession that were manufactured prior to the August 30 rule change.
For a more detailed explanation and the list of the products that are required to display the Proposition 65 warnings, please click here: HPC 2018 California PROP 65 Affected Products
As mentioned above, Proposition 65 will require adequate warning before an online purchase is made. All e-commerce websites must be updated with a compliant warning on the product display page for the HPC product affected- or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase, presented in a manner that clearly associates the warning with the product.
We are required by the State of California to send you a reminder about Proposition 65 annually- these warnings will be sent electronically. Please send a current email address to email@example.com, subject PROP 65, otherwise we will use the email address on file.
Please note it is not necessary to update any product or package warning labels for any currently labeled HPC products in your possession that were manufactured prior to the August 30 rule change.
If there is anything you need from HPC to assist in complying with Proposition 65, please contact us.
For more details on Proposition 65, please go to www.P65Warnings.ca.gov
Thank you for your assistance and attention to this matter,
Greg Steck, President [HPC]
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