California Proposition 65
Acknowledgement (Prop 65)

Proposition 65 is a California Law, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, that requires clear acknowledgement in warning California residents of the potential and harmful risks from exposure to certain chemicals within products they purchase as it may have impact on their health. These warnings are meant to assist California consumers in making informed decisions with products they purchase. The potential exposures that California has determined can cause an increased risk of cancer, birth defects and/or other reproductive harm, and requires businesses to properly address these concerns to Californians if exposed to such chemicals.

The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and provides a running list of such chemicals (over 850 to date) published to the State of California’s website. In August 2016, OEHHA adopted new regulations to its existing rules. Warnings only had to be shown on the product and/or its packaging at the time. The amended Proposition 65 took affect on August 30, 2018 with the new regulations. Businesses are now required to provide those same warnings as “pre-purchase” warnings (webpage and catalog acknowledgements) in addition to the in-hand itself and/or its packaging.

• To review Proposition 65 or OEHHA’s current list of chemicals for the State of California, please visit: https://oehha.ca.gov/proposition-65/proposition-65-list
• www.P65Warnings.ca.gov

This communication provides notice in accordance to the California Law, California Health and Safety Code 25249.5 section, by initiative Proposition 65. Authorized and regulated as of August 30, 2018. California Law requires any business whose products are sold in California to declare such products that contain certain substances reflected in OEHHA’s list of chemicals.

Driver Industrial Safety™ has indicated such products affected by Proposition 65 in the hyperlinked excel file .xlsx below for your reference. All items within require a Prop 65 warning for any sales into California and are identified by Driver Industrial Safety™ P/N, part description, type of chemical exposure, and its toxicity effects.

Driver Industrial Safety™ will provide the proper warning acknowledgement on all product labels, websites, and any printed material and publications. We expect all distributors to relay the same warnings across all mediums (labels, websites, printed literature) on their end as well.

For all Driver Industrial Safety™ distributors who sell online, each product must show a “pre-purchase warning” on the actual product display page prior to purchaser completing a sale. The warning must prominently display with the word “WARNING” prior to any completed sale.

For example :

1. In complying with Proposition 65, the distributor must acknowledge that it is an authorized agent of any retail seller to whom it distributes Driver Industrial Safety™ products. This means, under Proposition 65 regulations, that the distributor is authorized by the retailer seller or sellers to receive Proposition 65 notices from the manufacturers.
2. The distributor agrees to provide Driver Industrial Safety™ Proposition 65 notices to all retail sellers that are authorized to sell our products.
3. The distributor agrees to recompense and hold Driver Industrial Safety™ harmless for any liability if the distributor fails to follow the requirements in providing the Prop 65 notice (provided by this notice) to an authorized retail seller. The distributor will also recompense Driver Industrial Safety™ if the retail seller fails to acknowledge and provide the notice.