Calif Proposition 65 does not apply to small sellers.

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California Proposition 65 requires that products sold into California must carry warning labels if the products contain hazardous chemicals. 

Compliance Resources:

https://www.p65warnings.ca.gov/businesses

https://www.p65warnings.ca.gov/frequently-asked-questions-businesses
https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa_internet_warnings.pdf

However, this law does not apply to eBay sellers who have 10 or fewer employees.

I sent a letter to the State for clarification, stating that I would post the answer on the eBay forums. The official response confirms that most eBay sellers with 10 or fewer employees are not bound by the prop 65 requirements, even if the products they are selling contain hazardous materials.

Sellers with more than 10 employees who sell affected products into the state are bound by the requirement to supply warning labels, even if their suppliers do not label the products, and probably even if their suppliers are exempt by being under 10 employees.

Here is the letter:

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Hello,

Thank you for contacting OEHHA regarding Proposition 65.

A company is exempt from the warning requirements if they have fewer than 10 employees and/or do not cause an exposure in California. OEHHA cannot give legal advice.  To determine how many employees your business has you may want to seek legal counsel or consult your trade association. Please note that distributors should provide warnings if the products might be distributed or resold by non-exempt businesses or entities to a person in California, because those businesses or entities may still be required to provide a Proposition 65 warning.  Additionally, a company may have contractual obligations to those they sell to that could include indemnification agreements or agreements to “comply with all California laws” that could pull them into litigation.  It would be best for you to consult with your own counsel concerning your business’s potential for liability.

 
For your reference, Section 25102 Definitions [https://govt.westlaw.com/calregs/Document/I4338C640D45011DEA95CA4428EC25FA0?viewType=FullText&origin...)] - provides the definition of employee for purposes of Proposition 65 and reads as follows:
 
…
 
(h) “Employee” shall have the same meaning as it does in Unemployment Insurance Code Section 621 and in Labor Code Section 3351. Generally, and without limiting the applicability of the definitions in these two statutes, this means that an employee is a person who performs services for remuneration under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.
 
In computing whether a person employs ten or fewer employees in his business, all full-time and part-time employees on the date on which the discharge, release or exposure occurs must be counted. Thus, the prohibitions on discharge or release and exposures to certain chemicals will apply to any person who has ten or more full-time or part-time employees on the date in question.
 
Here are other useful links for more information on Proposition 65:
 
Q&A for Businesses on the Proposition 65 Clear and Reasonable Warnings: https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa.pdf
 
Q&A for Businesses on the Proposition 65 Clear and Reasonable Warnings: Internet and Catalog Warnings:
https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa_internet_warnings.pdf
 
Frequently Asked Questions for Businesses: https://www.p65warnings.ca.gov/frequently-asked-questions-businesses
 
Warning symbol: https://www.p65warnings.ca.gov/warning-symbol
 
Proposition 65 regulations: http://www.oehha.ca.gov/prop65/law/index.html
 
Proposition 65 in plain language: http://oehha.ca.gov/prop65/background/p65plain.html
 
For Proposition 65 updates, you can subscribe to our listserv at: http://www.oehha.ca.gov/Listservs/default.asp.
 
For additional questions please visit www.P65warnings.ca.gov
 
I hope this information is helpful.


Best Regards,

Anna Smith
Environmental Scientist
Office of External and Legislative Affairs
California Office of Environmental Health Hazard Assessment (OEHHA)
Phone: 916-445-6900
E-mail: anna.smith@oehha.ca.gov 

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[davids_store_of_dreams]

Thanks for the Post!  It was perfect!