RE: California Proposition 65 Compliance

Dear Apex Product Group California Dealer,

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as “Proposition 65,” was enacted through a ballot initiative in 1986. This law requires businesses to provide special warnings when selling products that may expose persons to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

The Proposition 65 regulations have recently changed. Effective August 30, 2018, new requirements apply to the content and location of certain Proposition 65 warnings.

In response to these changes, Apex Product Group will be adding new Proposition 65 tags and warning labels directly to some of its products and packaging. Apex Product Group will also be applying warnings to certain parts and accessory packaging. The warning language will state:

WARNING: Cancer and Reproductive Harm -

Although Apex Product Group is able to arrange for certain products to be labeled as they leave the warehouse, this approach is not available for all Apex products, parts, and accessories. In addition, Apex recognizes that certain parts and accessories may be removed from their packaging prior to being sold to customers.

Apex is therefore relying on you, its California authorized servicing dealers or retailers, to communicate the new warnings to all California customers at the point of sale for all parts, garments, accessories, and other general merchandise.

Beginning August 27th, 2018, when you sell a part, accessory, or general merchandise to the customer, you must place the Proposition 65 warning label on the packaging or part itself PRIOR to selling the product to the customer and completing the sale. These labels are intended to warn the consumer of any potential hazards, according to the Proposition 65 regulation, BEFORE they purchase the product.

As a servicing dealer, you are not required to provide this warning if you have installed the part or accessory while servicing the machine or as part of the original sale of the machine.

You are responsible for the placement and maintenance of warning materials for products sold by you over the Internet. For Internet purchases, a warning must be provided by including either the Proposition 65 warning on the product display page or a clearly marked hyperlink using the word “WARNING” which would direct the customer to the Proposition 65 warning on a separate page. The warning language must state:

WARNING: Cancer and Reproductive Harm -

This warning language is identical to the warning language that is printed on the warning labels you will receive.

Enforcement of the new Proposition 65 warning requirements will begin on August 30, 2018 for items manufactured after that date. Failing to provide the appropriate warning can result in stiff civil penalties, imposed through civil lawsuits undertaken by the California Attorney General or private citizens. Penalties for non-compliance can be levied against product manufacturers and retailers alike.

The regulatory agency in California responsible for Proposition 65 has made additional information about Proposition 65 available on its web page:

If you have any questions about this program, please feel free to contact your field sales representative directly or contact Apex Technical Support.


Apex Product Group