New amendments to Proposition 65 (Health & Safety Code §25249.5 et seq.) took effect immediately when the Governor signed AB227 on Oct. 5. The amendments are novel in the world of Proposition 65 in that they provide some businesses with a cure period to remedy alleged violations. They also are limited in scope and effect since only certain businesses can take advantage of the new cure period.
Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) prohibits persons doing business in California from discharging into drinking water chemicals known to the State to cause cancer or reproductive toxicity. Currently, there are more than 900 chemicals on the State’s list. Proposition 65 also prohibits persons doing business in California from causing an exposure to such listed chemicals without providing a clear and reasonable warning. The new law applies only to certain alleged violations of Proposition 65′s warning requirements.
