Prop 65 Warning Requirement Checker
The 10-employee threshold is the first test. After that, the answer depends on which chemicals are in or around your product.
Prop 65 applies to businesses with 10 or more employees. A covered business must give a warning whenever a product or location exposes a consumer to any of the roughly 900 listed chemicals above its safe harbor level. The business, not the state, is responsible for working out whether that is the case.
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
Below 10 employees, Prop 65's warning requirement doesn't apply, whatever chemicals are involved.
At or above the threshold, if you sell to California consumers or operate a location they visit, the warning requirement depends on chemical exposure. A clear and reasonable warning is legally required if any of the roughly 900 listed chemicals is present above its OEHHA-published safe harbor level, or if the chemical has no safe harbor level and you can't otherwise show there is no significant risk.
If you haven't checked your product or location against the chemical list, this tool can't tell you whether you comply. "Not sure" is the most common answer and the riskiest. Private citizens bring most Prop 65 enforcement lawsuits, and not knowing a chemical was present is not 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?
About 900 chemicals are currently listed as known to the state to cause cancer or reproductive harm. OEHHA has published specific numeric safe harbor levels for more than 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 chemical exposure and safe harbor status requires testing the product or reviewing its formulation. Consult OEHHA's published lists and a Prop 65 attorney.