加州 65 号提案加州法

Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10.

(Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.)

(a) A person who violates or threatens to violate Section 25249.5 or 25249.6 may be enjoined in any court of competent jurisdiction.

(b)(1) A person who has violated Section 25249.5 or 25249.6 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: (A) The nature and extent of the violation. (B) The number of, and severity of, the violations. (C) The economic effect of the penalty on the violator. (D) Whether the violator took good faith measures to comply with this chapter and the time these measures were taken. (E) The willfulness of the violator's misconduct. (F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (G) Any other factor that justice may require.

(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the State of California, by a district attorney, by a city attorney of a city having a population in excess of 750,000, or, with the consent of the district attorney, by a city prosecutor in a city or city and county having a full-time city prosecutor, or as provided in subdivision (d).

(d) Actions pursuant to this section may be brought by a person in the public interest if both of the following requirements are met: (1) The private action is commenced more than 60 days from the date that the person has given notice of an alleged violation of Section 25249.5 or 25249.6 that is the subject of the private action to the Attorney General and the district attorney, city attorney, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the notice alleges a violation of Section 25249.6, the notice of the alleged violation shall include a certificate of merit executed by the attorney for the noticing party, or by the noticing party, if the noticing party is not represented by an attorney. The certificate of merit shall state that the person executing the certificate has consulted with one or more persons with relevant and appropriate experience or expertise who has reviewed facts, studies, or other data regarding the exposure to the listed chemical that is the subject of the action, and that, based on that information, the person executing the certificate believes there is a reasonable and meritorious case for the private action ...

(a) Unless otherwise specified in Section 25607 et seq., a warning meets the requirements of this subarticle if it is provided using one or more of the methods required in Section 25602 and includes all the following elements:

(1) A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the sign, label or shelf tag for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word "WARNING".

(2) The word "WARNING:" or the words "CA WARNING:" or "CALIFORNIA WARNING:" in all capital letters and bold print, and:

(A) For exposures to listed carcinogens, the words, "This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov."

(B) For exposures to listed reproductive toxicants, the words, "This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. ..."

(E) Where a warning is being provided for an exposure to a single chemical the words "chemicals including" may be deleted from the warning content set out in subsections (A), (B) and (D).

(b) A short-form warning may be provided on the label pursuant to Section 25602(a)(4) if it includes:

(1) The symbol required in subsection (a)(1);

(2) The word "WARNING:" or the words "CA WARNING:" or "CALIFORNIA WARNING:" in all capital letters, in bold print; and

(3) One of the following:

(A) For exposures to listed carcinogens, the words: 1. "Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov."; or 2. "Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov."

(B) For exposures to listed reproductive toxicants, the words: 1. "Risk of reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov."; or 2. "Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov."

(c) A short-form warning on a product manufactured and labeled prior to January 1, 2028, may use the following content regardless of when the product is sold to a consumer:

(1) The symbol required in subsection (a)(1).

(2) The word "WARNING:" in all capital letters, in bold print.

(A) For exposures to listed carcinogens, the words, "Cancer -- www.P65Warnings.ca.gov."

(B) For exposures to listed reproductive toxicants, the words, "Reproductive Harm -- www.P65Warnings.ca.gov."

(C) For exposures to both listed carcinogens and reproductive toxicants, the words, "Cancer and Reproductive Harm -- www.P65Warnings.ca.gov."