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Assemblyman Introduces Bill to Amend Prop 65

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By: Sean Moloughney

Editor, Nutraceuticals World

California Assemblyman Mike Gatto (D-Los Angeles), introduced legislation on Feb. 4 that would allow business owners in California who receive notice of a Proposition 65 violation a chance to remedy the violation and achieve compliance without facing fines. The American Herbal Products Association (AHPA) noted that this action was “a step in the right direction that would better encourage compliance.”

Consumer goods sold in the state of California are, with certain exceptions, subject to that state’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. The law places specific labeling requirements on products sold in California if the product contains chemicals listed by the state as carcinogens or reproductive toxicants. Failure to provide such warnings can result in action by the California Attorney General or by “any person in the public interest.”

By allowing a business time to correct the violation within 14 days without being subject to the retroactive $2,500 per day fine, the bill, AB 227, which is supported by the Small Business Advisory Commission, would further the original intent of Prop. 65—to obtain compliance with warnings for chemicals present in a product or at a retail site, according to Mr. Gatto.

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