Proposition 65 is a California law that requires businesses to warn people about exposure to chemicals linked to cancer, birth defects, or reproductive harm. But not every business or product falls under these rules. Some exemptions allow businesses to operate without providing warnings.

If you're wondering whether your business qualifies for an exemption—or how to stay compliant while avoiding unnecessary warnings—this breakdown will help.

Who Is Exempt from Proposition 65?

Not every business has to comply with Proposition 65. Here’s a look at who doesn't have to provide warnings:

1. Small Businesses (Fewer Than 10 Employees)

If your business has fewer than 10 employees, you're in the clear. You don't need to provide warnings or worry about Proposition 65-related lawsuits.

But there’s a catch—if you sell your products through a larger retailer, they might require you to comply anyway. Some big retailers prefer all suppliers to follow the law, even if they're exempt.

2. Government Agencies

If you’re part of a government agency or a public water system, Proposition 65 doesn’t apply. This includes local, state, and federal government operations.

3. Low-Level Exposures

Warnings aren’t needed if the exposure to a listed chemical is below California’s safe harbor levels. These are broken into two categories:

• No Significant Risk Levels (NSRLs): For chemicals that may cause cancer, but at levels too low to increase risk.
• Maximum Allowable Dose Levels (MADLs): For reproductive toxins at levels considered safe for human exposure.

If your product stays below these limits, no warning is required. However, proving this often requires testing and expert analysis.

4. Naturally Occurring Chemicals in Food

Some foods contain trace chemicals naturally, not from human processing. In these cases, a Proposition 65 warning may not be necessary—but businesses must prove the chemical levels are as low as possible.

How Do Businesses Know If They Need to Provide a Warning?

If you're unsure whether Proposition 65 applies to your business, ask these key questions:

• ✔ Do you have 10 or more employees?
• ✔ Are you selling in California?
• ✔ Do your products contain any chemicals on the Proposition 65 list?
• ✔ Is exposure above California’s safe levels?

If you answered yes to any of these, it’s worth reviewing your compliance strategy.

Why Small Businesses Should Still Pay Attention

Even if your business is exempt, retailers, online marketplaces, or industry partners may still require compliance. Some companies won’t stock or ship products unless they meet Proposition 65 labeling rules.

Example: If you sell a product through Amazon or a big-box retailer, they might ask for documentation showing compliance—even if you're under the employee limit.

Steps to Avoid Unnecessary Warnings

If you're unsure whether a warning is needed, take these steps:

• Check California’s Chemical List – Proposition 65 has over 900 chemicals listed. If your product contains any of them, determine the exposure risk.
• Consult an Expert – Legal or environmental specialists can analyze your product and ensure you're making the right call.
• Perform Testing – Lab testing can confirm whether your product stays below safe harbor levels.
• Stay Up to Date – The list of chemicals changes often. Keeping track of updates helps avoid surprise compliance issues.

Need Proposition 65 Labels?

If your business requires Prop 65 labels, we can help. Our custom warning labels are designed to meet California’s legal requirements while maintaining a professional look for your products. We offer durable, high-quality materials, fast turnaround times, and flexible order sizes—so you can stay compliant without hassle.

Check out our Prop 65 labels to get started today. If you have any questions, our team is ready to assist.