California Prop 65 Warning

[frenchysvintage]

Do i have to add a California Prop 65 warning to all my items sold to California? i mostly sold vintage jewelry. Thank you for the info

[pburn]

https://community.ebay.com/t5/Selling/CA-Prop-65-Warning-Are-there-any-sellers-using-the-warnings-on...

https://community.ebay.com/t5/Selling/California-Prop-65-Warning-new-box-popped-up-while-listing-use...

[poppyswag]

general reply -

Just saw it for the first time when listing an antique milk glass vase. I have read the links provided and can't find very much on the chemical compostiton of milk glass. When I clicked on the box it said nickel but I don't see that as used in the making per wikipedia.

Is it neccessary to put it on an antique item not used for food consumption?

Is this box on every listing now or is each screened for possible need to flag?

[dande2016]

Only if you have 10 or more employees from what I have read

[sharingtheland]

This was passed in 1986 in California.  Way to keep up, ebay.

Definitely does not apply to businesses with less than 10 employees.

[missjen831]

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@sharingtheland wrote:

This was passed in 1986 in California.  Way to keep up, ebay.

Definitely does not apply to businesses with less than 10 employees.

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They announced new regulations in 2016 that take effect this month.

[shipscript]

@poppyswag

I doubt that this will apply to you unless you are selling uranium glass (vaseline glass). Ceramic glazing is also on the list, but may not apply if you are under 10 employees.  I have asked eBay to get their legal team involved to help interpret the new California rules that are going into effect tomorrow.

PDF about this:

https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa_internet_warnings.pdf

[sharingtheland]

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@missjen831 wrote:

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@sharingtheland wrote:

This was passed in 1986 in California.  Way to keep up, ebay.

Definitely does not apply to businesses with less than 10 employees.

---

They announced new regulations in 2016 that take effect this month.

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Oh, oops, me.  

Thank you for straightening me out.  (It was heat index of 102 today on the golf course; I'm a little woozy. )

[myjunqueyourtreasure]

It appears to be on every freaking listing screen now.

[sharingtheland]

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@myjunqueyourtreasure wrote:
It appears to be on every freaking listing screen now.

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This is a test.  If this had been an actual emergency, the Attention Signal you just (saw) would have been followed by official information, news, or instructions.

[linesdirect]

Probably.

Oh and have fun trying to do so. The 'bulk edit' only allows for something like 250 characters on the Prop 65 section, but on the actual item edit you get the full 800 characters. So...if you want to have more than "This product contains chemicals," you'll need to go and edit EACH and EVERY SINGLE ITEM ONE AT A TIME.

[gracieallen01]

@frenchysvintage

From a previous post:

A thought and statement about Prop. 65 from OEHHA website:

"Are any businesses exempt from Proposition 65’s requirements?

Businesses with less than 10 employees and government agencies are exempt from Proposition 65’s warning requirements and prohibition on discharges into drinking water sources.

Businesses are also exempt from the warning requirement and discharge prohibition if the exposures they cause are so low as to create no significant risk of cancer or are significantly below levels observed to cause birth defects or other reproductive harm.

How can businesses determine if a warning is required?

Using its knowledge of its business operations and the chemicals it uses, a business can review the Proposition 65 list to determine whether its operations or products are likely to expose people in California to any listed chemicals.  Depending on the level of exposure, the business may be required to provide a warning for those exposures.  A business that determines it is causing exposures to a listed chemical may be able to use OEHHA’s safe harbor numbers to determine if it needs to provide a warning."

[pyrabluestudios]

Will be interested to see what legal says.  Yes, most of us have less than 10 employess but the original makers had many more than than.  Which will they count?

[shipscript]

@pyrabluestudios

I sent a letter to the State and received a response, which I posted here:

https://community.ebay.com/t5/Selling/Calif-Proposition-65-does-not-apply-to-small-sellers/m-p/28911...

Essentially, businesses with fewer that 10 employees are not obligated to post warning notices, regardless of whether or not the products they sell qualify for the warnings. 

[p7050]

Just get some decals off of amazon and stick them on your product to be on the safe side