WASHINGTON, DC, – The National Marine Manufacturers Association recently released a white paper updating their members on the upcoming changes to California Safe Drinking Water and Toxic Enforcement Act, also known as Proposition 65. While the primary obligation for complying with the law falls on the manufacturer, changes to the law that shift more responsibility onto the retailer go into effect in August 2018. Being out of compliance with Prop 65 opens retailers up to lawsuits from governments and private citizens, with potentially disastrous financial results.
 
According to law firm K&L Gates: Retailers have been frequent targets of claims by “bounty hunters.”  Existing regulations have attempted to place the burden of providing warnings on the manufacturer, producer, or packager, but the new regulations go further.  Unless they label their products, manufacturers, producers, and packagers must document that they have notified retailers of the need to provide warnings and provided all necessary warning materials.  Retailers are only responsible for providing warnings if they have been notified but have failed to provide the warnings, if they are selling “house brands,” or in other limited circumstances.

Questions? Contact MRAA Public Policy Manager Will Higgins for more information.