Merrit Jones and Tom Lee Proposition 65

PROPOSITION 65

Merrit Jones & Tom Lee May 4, 2017

Prop. 65 Warnings

Proposition 65

The Safe Drinking Water & Toxic Enforcement Act of 1986

? Passed by ballot initiative in 1987.

? Prohibits "knowing and intentional" exposure to more than 800 listed chemicals without first providing a "clear and reasonable" warning.

? Cal. Health & Safety Code

? 25249.6

List of chemicals athttps: //oehha.proposition-65/proposition-65-list

Proposition 65 Enforcement

? Attorney General

? District Attorneys

? City Attorneys

? Population greater than 750,000

? Private Individuals and Groups

? Must serve 60-day notice of violation on alleged violator and all of the above.

?

Proposition 65 Penalties

? Injunctions ? Statutory penalties of up to $2,500 per day for each

violation.

? Health & Safety Code ? 25249.7

? Attorneys' fees

? Civ. Proc. Code ? 1021.5

? Settlement payments in 2015 totaled $26.2 million.

? $17.8 million in attorneys' fees ? Settlements ranged from $3,500 to $500,000 ? Typical settlements were $30,000 to $80,000

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