All products shipped by GolfTournament.com and third party suppliers/manufacturers of GolfTournament.com into the State of California are subject to Proposition 65 (“Prop 65”) or The Safe Drinking Water and Toxic Enforcement Act of 1986. "Prop 65" was created through the ballot initiative process and was intended to protect California citizens and the State’s drinking water from a State determined list of over 900 chemicals that are “known” by the State to cause cancer, reproductive harm, or birth defects. This list and other information regarding Prop 65 can be accessed at http://www.oehha.ca.gov/prop65.
Prop 65 requires that a “clear and reasonable warning” be provided by a Person/Company in the course of doing business, who manufactures, produces, assembles, processes, handles, distributes, stores, sells, or otherwise transfers a consumer product which he or she knows to contain a chemical known to the state to cause cancer or reproductive toxicity to any person to whom the product is sold or transferred.
The lead state agency handling Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA ; www.oehha.ca.gov), has established safe harbor levels which include No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity for many of the 900 chemicals listed under Proposition 65. Exposure levels and discharges to drinking water sources that are below the safe harbor levels are exempt from the requirements of Proposition 65. A document that provides the status of OEHHA’s adoption or development of NSRLs and MADLs is available below.
For chemicals that do not have published or established safe harbor levels, the burden is on the defendant to establish an appropriate MADDL or NSRL, and to show that the exposures in its products do not exceed these levels. For exposures to consumer products, such as promotional items, the level of exposure to the listed chemical is calculated using the "reasonably anticipated rate of intake or exposure for average users of the consumer product.
Companies are becoming increasingly vulnerable to lawsuits for Proposition 65 indiscretions. According to the 2016 California Proposition 65 Enforcement Report, there were 760 settlements, with a total cost of roughly $57 million. Proposition 65 may be enforced by the California Attorney General, public enforcers such as district attorneys, and private plaintiffs suing in the public interest (after they have first served a 60- day notice of violation on all public prosecutors and no public prosecutor proceeds to enforce the alleged violation. A plaintiff may seek injunctive relief as well as penalties of $2,500 per violation per day. A more general California statute allows most successful plaintiffs to recover their attorneys' fees as well. It is important to note the very long reach of Proposition 65 liability. One need not be doing business in California to be in the chain of Proposition 65 litigation. Indeed, you could be a New Jersey distributor of products sold to you by a Massachusetts supplier, and your client could be doing business in New York, with no California affiliation. Should one of the items you sold to your client end up in California, you and your supplier and your client could be named as defendants in a Proposition 65 lawsuit, and the venue would be in California.
GolfTournament.com is fully committed to providing the highest quality, safest products for our clients and all GolfTournament.com's supplier/manufacturer products meet applicable federal safety and warning requirements, standards and regulations as enforced by the Consumer Product Safety Commission, the U.S. Food and Drug Administration, and the Federal Communications Commission.
Because we cannot test every piece of every order that we ship to California for every one of the Proposition 65 listed 900 chemicals, you may continue to have concerns about compliance with Proposition 65. If so, then the best option to ensure compliance is to include a label on each product that may ship to the State of California which we will do free of charge upon request. The label or a variation of this label will appear as follows and will ensure full compliance with California Proposition 65 requirements:
GolfTournament.com will thoroughly review each and every order with a final shipping destination to the State of California. Products that are Prop 65 Compliant will be noted on all order documents. Products that require a warning label of any sort will also be noted on all order documents.
GolfTournament.com reserves the right to refuse shipment of any product to the State of California.
Please contact GolfTournament.com directly with any questions or concerns. Call (800) 609-2425 or email email@example.com.