Certain products for sale in this catalog are subject to labeling requirements under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as “Proposition 65” or “Prop 65.” Rothco has invested significant resources and effort into ensuring compliance with Prop 65 and expects that any purchasers of Rothco products who intend to sell, directly or indirectly, into California will comply with all obligations of Prop 65. This page discusses the resources Rothco provides to its retailers to facilitate those efforts.
What is Prop 65? Prop 65 is a consumer “right to know” law that applies to businesses that sell products to California residents. Prop 65 requires businesses to provide “clear and reasonable” warning to California residents about products that contain one of the chemicals on the expansive Prop 65 List. California recently revised the Prop 65 regulations to require more specific warning requirements, including that warning labels, identify the specific chemicals at issue.
More information about Prop 65 is available here:
- New Proposition 65 Warnings: https://www.p65warnings.ca.gov/new-proposition-65-warnings
- Clear and Reasonable Warnings/Q&A for Businesses: https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa.pdf
- Proposition 65 in Plain Language: https://oehha.ca.gov/media/downloads/proposition-65/general-info/p65plain_1.pdf
What steps has Rothco taken to protect its distributors and retailers against Prop 65 actions? Rothco has engaged in an extensive testing program to identify products that may contain Prop 65 chemicals. Prior to shipping these products to a known California retailer or distributor, Rothco physically labels each product with a statutorily-compliant warning. A warning also appears on our website and catalog for each applicable item. A complete list of all Rothco items that contain a chemical (“applicable item”) can be found in the "Product Info" folder of the “Dealer Tool” section of Rothco.com or by clicking here. Please note list updates on a monthly and to check back for updates. Rothco has identified the products subject to warning in our catalog.
What obligations do retailers have to warn?
You should not remove the warnings applied by Rothco to any products that may be sold in California. If you are not located in California but intend to ship your product into California, you must label the products prior to shipping. Rothco will provide additional warning labels, which can be obtained here.
If you are selling items subject to Proposition 65 on a website or by catalog, you must include the Prop 65 warning on the product page so that the consumer has the chance to view it prior to purchasing the product. More information regarding online sales warnings are available at this California governmental website: https://www.p65warnings.ca.gov/sites/default/files/art_6_business_qa_internet_warnings.pdf.
If you currently have older inventory for the subject items that are not labeled but are intended for sale in California, please contact us and we will send you appropriate warning labels for your merchandise.
Rothco trusts that its retailers and distributors will make every effort to ensure compliance with the law. By purchasing products from Rothco, purchasers agree to comply with the above obligations and agree to defend, hold harmless and indemnify Rothco against any and all liability, including attorney’s fees and costs, arising out of any failure to do so. Please email info@rothco.com with questions about our products and Prop 65.
For California Dealers:
Any applicable item shipped to a California retailer will have the appropriate Proposition 65 label affixed directly to the product. These items are denoted on the packing list with the warning, see examples below.
“*** CAUTION: ==> REQUIRES DEHP LABELING IF SHIPPING TO CA !!! ***”
“*** CAUTION: ==> REQUIRES LEAD LABELING IF SHIPPING TO CA !!! ***”
If for any reason a product with this notation on the packing list does not have this label on the product, please contact Rothco immediately. If you have any of the items listed on our website on your shelves already, please contact Rothco, and we will send you the appropriate labels for your merchandise. You can also order labels free of charge in reasonable quantities, here.
While we realize this warning sounds alarming, we do want to reassure you that, as the website indicates, the key factor in determining the health risk is the amount of exposure one has to the items on Prop 65 list. For more information posting requirements, or for details about the Prop 65 warning language, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.
Should you have any questions about our California Proposition 65 Compliance, please email info@rothco.com
