Prop 65 Warning Requirement Checker
The 10-employee threshold is step one — the real question is what's actually in (or around) your product.
Prop 65 applies to businesses with 10+ employees. If you clear that bar, a warning is required whenever a product or environment exposes a consumer to any of the 1,000+ listed chemicals above its safe harbor level — and it's your responsibility to make that determination, not the state's.
Answer a few questions to see whether Prop 65 likely applies to your situation.
Prop 65 Warning Requirement Checker
Prop 65 Result
How this is calculated
The 10-employee threshold is a hard gate — below it, Prop 65's warning requirement doesn't apply at all, regardless of what chemicals are involved.
Above the threshold, and if you sell to or operate a location for California consumers, the actual warning requirement turns entirely on chemical exposure: if any of the 1,000+ listed chemicals is present above its OEHHA-published safe harbor level (or has no established safe harbor level and you can't otherwise show no significant risk), a clear and reasonable warning is legally required.
If you haven't actually checked your product or location against the chemical list, this tool can't tell you whether you're compliant — "not sure" is the most common and riskiest answer, since Prop 65 is heavily enforced through private citizen lawsuits, and ignorance of a chemical's presence isn't a defense.
Frequently Asked Questions
Which businesses have to comply with Prop 65?
Businesses with 10 or more employees. Government agencies and businesses with fewer than 10 employees are exempt from the warning requirement, though the underlying chemical exposure limits still exist as a matter of health guidance.
How do I know if my product needs a Prop 65 warning?
You need a warning if your product exposes users to a listed chemical above its "safe harbor" level (or if no safe harbor level has been established for that chemical and you can't otherwise show the exposure poses no significant risk). Businesses are legally responsible for making this determination themselves.
How many chemicals are on the Prop 65 list?
Over 1,000 chemicals are currently listed as known to the state to cause cancer or reproductive harm. OEHHA has published specific numeric safe harbor levels for around 300 of them.
What happens if a required warning is missing?
Prop 65 is enforced heavily through private citizen lawsuits (bounty-hunter style enforcement is common), and penalties can run up to $2,500 per violation per day. Settlements are common and can be costly even for smaller businesses.
Does Prop 65 apply to online and out-of-state sellers?
Yes. Any business selling products to California consumers can be subject to Prop 65, regardless of where the business itself is physically located, if the product exposes a California consumer to a listed chemical above the relevant threshold.
This tool provides an educational estimate only and is not legal advice. Determining actual chemical exposure and safe harbor status requires product-specific testing or formulation review — consult OEHHA's published lists and a Prop 65 attorney.