Why does nobody talk about using a prop 65 exemption for small businesses?

I run a little cafe in San Diego and spent months stressing over Prop 65 warning signs for everything from coffee to countertops. Then my accountant mentioned a specific exemption for businesses under 10 employees that don't directly add the listed chemicals. I checked and it saved me from posting 20 signs and potential fines of $2,500 per violation. Has anyone else here used that exemption or found other tricks to stay compliant without going broke?

2 comments

2 Comments

rosebarnes22d ago

That exemption worked great for my bakery in LA. Made sure to keep records showing our suppliers handled all the chemical stuff and never had any issues with inspectors.

sam_thomas22d ago

Oh, come on now, that exemption isn't the lifesaver you think it is. Most lawyers will tell you it's a gray area at best, and the burden of proof is on you to show you didn't add any of those chemicals yourself. If a customer gets sick or an inspector comes in and finds trace amounts from your suppliers, you're still on the hook for those fines, no matter how small your staff is. Better to just put up the warnings and avoid the headache of fighting it in court later.