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There are two types of grace period applicable to businesses. The first is that the new labeling requirements apply to products manufactured after August 30, 2018. However, a company has to be sure that its products have a clear date of manufacture or production and that there is a well-defined and documented process of establishing those dates. For older inventory the older “safe-harbor’ labels will suffice, but distributors who sell into California or California retailers may balk at stocking or shipping products with no label or the older labels as the burden of proof is on them.

The second type of grace period applies to new chemicals identified by the OEHHA where there is a one-year period for companies to identify and amend their labeling for these newly listed chemicals. Companies need to stay on top of these timelines as the plaintiffs will be waiting with Notices of Violation in hand the day the grace period ends. The key to minimizing Prop 65 risks is to minimize the likelihood of being sued.