Prop 65 Policy
1. Introduction
This Proposition 65 Compliance Policy (“Policy”) establishes the framework under which Wanderom (“Company,” “we,” “our,” or “us”) ensures compliance with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (“Prop 65”).
Prop 65 was enacted to protect California residents and the environment from exposure to chemicals known to cause cancer, birth defects, or other reproductive harm. The law requires businesses to provide “clear and reasonable” warnings before knowingly and intentionally exposing individuals to such chemicals.
The objectives of this Policy are to:
Ensure all products, packaging, online listings, and facilities comply with Prop 65 warning requirements.
Protect customers from unintentional exposure to harmful chemicals.
Mitigate legal and financial risks associated with non-compliance.
Educate our staff, partners, and suppliers about Prop 65 responsibilities.
Maintain transparency with consumers regarding chemical exposures.
By engaging in transactions with us or purchasing our products, consumers acknowledge that they have been informed of their rights under Prop 65.
2. Scope of Application
This Policy applies to:
Products Manufactured, Distributed, or Sold by the Company
Consumer goods (jewelry, electronics, bedding, apparel, kitchenware, etc.).
Packaging, adhesives, coatings, and materials associated with such products.
Facilities and Workplaces
Retail locations, warehouses, offices, and manufacturing sites in California.
Employee exposure to listed chemicals during occupational tasks.
Digital and Online Sales
Warnings on our e-commerce websites and third-party platforms accessible to California residents.
Supply Chain Partners
Vendors, manufacturers, and distributors providing products or raw materials that may contain listed chemicals.
3. Legal Background
3.1 Proposition 65 Overview
Enacted in 1986 by California voters.
Administered by the California Office of Environmental Health Hazard Assessment (OEHHA).
Requires California to publish and maintain a list of chemicals “known to the State to cause cancer or reproductive toxicity.”
List updated annually and currently contains 900+ chemicals.
3.2 Business Obligations Under Prop 65
Businesses must provide a “clear and reasonable” warning before exposing consumers to listed chemicals.
No person in California may discharge these chemicals into drinking water sources.
Businesses with fewer than 10 employees are exempt from warning requirements but not from discharge prohibitions.
3.3 Enforcement Mechanism
Enforced through lawsuits by:
California Attorney General.
District attorneys and city attorneys.
Private citizens (subject to a 60-day notice requirement).
Non-compliance penalties: up to $2,500 per violation per day.
4. Chemicals Covered by Prop 65
Examples of chemicals relevant to our industry may include:
Lead (found in metal alloys, paints, batteries).
Cadmium (used in pigments and coatings).
Phthalates (DEHP, DBP, BBP) (plasticizers in vinyl, plastics).
Formaldehyde (preservatives, adhesives).
Acrylamide (industrial materials, food processing byproduct).
BPA (Bisphenol A) (used in plastics and can linings).
Our Company conducts regular supply chain audits and testing to determine the presence of these chemicals in our products.
5. Warning Requirements
5.1 General Standard
A warning is required if:
The product or service exposes individuals to a chemical above “safe harbor” levels established by OEHHA.
No safe harbor level is established, and the business cannot demonstrate exposure is below a significant risk threshold.
5.2 Safe Harbor Levels
No Significant Risk Level (NSRL): Daily exposure level posing no more than one excess case of cancer in 100,000 individuals.
Maximum Allowable Dose Level (MADL): Daily exposure level posing no observable reproductive effects.
5.3 Warning Content and Format
Long-Form Warning
“⚠️ WARNING: This product can expose you to chemicals including [name of chemical], which is known to the State of California to cause [cancer/birth defects/other reproductive harm]. For more information, visit www.P65Warnings.ca.gov.”
Short-Form Warning
“⚠️ WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov”
Labeling Requirements
Labels must be prominently placed on product packaging.
Warnings must be legible and not obscured by other content.
Yellow triangular warning symbol (“⚠️”) required in most cases.
Online Sales Disclosure
Warnings must appear on the product display page, prior to checkout.
Retailers and manufacturers share responsibility.
6. Implementation Procedures
Product Assessment
Each product is screened for potential Prop 65-listed chemicals.
Third-party laboratory testing is conducted where necessary.
Supplier Agreements
Suppliers must disclose all listed chemicals in materials supplied.
Contracts include indemnification clauses for non-compliance.
Labeling and Packaging
Products requiring warnings are labeled at the point of manufacture.
Packaging designs reviewed for compliance prior to release.
Employee Training
Annual training for staff handling labeling, packaging, and online disclosures.
Records of training maintained for audit purposes.
Recordkeeping
Documentation of testing results, supplier certifications, and warning determinations retained for at least 3 years.
7. Facility and Workplace Compliance
On-Site Signage: Warning signs placed at facility entrances where employees or visitors may be exposed.
Workplace Training: Employees are informed about potential exposure risks and protective measures.
Ventilation & Safety Controls: Implemented to reduce exposure in manufacturing or storage facilities.
8. Consumer Rights
Consumers purchasing from us are entitled to:
Clear Information: Transparent disclosure of chemical exposure risks.
Access to OEHHA Resources: Links to www.P65Warnings.ca.gov for detailed information.
Legal Recourse: The right to bring complaints of non-compliance to California authorities.
9. Enforcement and Penalties
Failure to comply with Prop 65 may result in:
Civil penalties up to $2,500 per violation per day.
Court-ordered injunctions prohibiting sale of non-compliant products.
Settlement costs, attorney fees, and mandatory reformulation or recall.
The Company maintains zero-tolerance for non-compliance and conducts proactive audits to minimize exposure risk.
10. Dispute Resolution
Customers with concerns should first contact our Compliance Department at phone number: (064) 332-1233.
Unresolved disputes are subject to resolution under California state law.
The Company may use arbitration or mediation before litigation.
11. Amendments to Policy
This Policy will be reviewed annually and updated to reflect changes in:
OEHHA chemical listings.
Safe harbor levels and enforcement guidance.
Court rulings and regulatory interpretations.
All amendments will be published on our website and communicated to supply chain partners.
12. Contact Information
For questions regarding this Prop 65 Policy, please contact:
Wanderom – Compliance Department
Email: [compliance@wanderom.com]
By phone number: (064) 332-1233