A retailer that receives a supplier notice that certain food products may expose consumers to bisphenol A (BPA) must provide a clear and reasonable warning of that exposure. The following Proposition 65 warning is considered clear and reasonable if included on a sign, shelf tag, or shelf sign posted at each point of display of each product:

WARNING: This product can expose you to chemicals including bisphenol A (BPA), which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. For a list of products go to: www.prop65bpa.org.

Point of display warning signs are available, free of charge, in whatever quantity you need at www.prop65signmanagement.com. The signs come in two sizes: a 5"x5" sign and a 10.5"x1.25" shelf tag/shelf sign.

Point of display signs, shelf tags or shelf signs should be displayed with such conspicuousness, as compared with other words, statements, designs, or devices at the point of display, as to render the warning likely to be read and understood by an ordinary individual under customary conditions of purchase. For the exact name or description of the products, or specific identifying information for the products such as a Universal Product Code or other identifying designation, go to www.prop65bpa.org.

In addition to point of display signs, shelf tags, or shelf signs, you may also choose to post a Proposition 65 BPA warning in-store at each point of sale. "Point of sale" means the area within a retail facility where customers pay for foods and beverages, such as the cash register or checkout line. Point of sale also includes electronic checkout functions on internet websites.

Point of sale signs are available, free of charge, in whatever quantity you need at www.prop65signmanagement.com. The sign is 5"x5" and reads:

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov. For a list of products go to: www.prop65bpa.org.

Point of sale signs should be displayed with such conspicuousness, as compared with other words, statements, designs, or devices at the point of display, as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase. For the exact name or description of the products or specific identifying information for the products such as a Universal Product Code or other identifying designation, go to www.prop65bpa.org.

Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language in addition to English. Point of sale and point of display warning signs, shelf tags and shelf signs for BPA are available in Spanish, Chinese, French, Tagalog, Korean and Vietnamese. You may download them, free of charge, at www.prop65signmanagement.com.

The foregoing is a summary of regulations implementing the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) related to the posting of clear and reasonable warnings. It is not intended to be legal advice, and you should consult your own attorney for specific guidance. For more information, included the full text of the regulations, please visit www.oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

For products sold over the internet, the warning must be provided either on the product display page or otherwise be prominently displayed to the purchaser prior to completing the purchase.

When canned and bottled food and beverages are sold or distributed to consumers in California through the mail or package delivery services, the warning should be provided in whatever document the customer uses to place the order so that the warning is seen before the order is finalized.

For more information, see 27 CCR §§ 25603.3(f) & (g).

For alcoholic beverages that are primarily intended for consumption off-premise, the retailer must provide the following warning to consumers:

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects.

The retailer must post:

1. at least one notice or sign, no smaller than 8.5 inches wide by 11 inches high, and bearing the beverage alcohol warning message; or
2. a notice no smaller than 5 inches by 5 inches and bearing the beverage alcohol warning message.

Proposition 65 alcohol warning signs or notices should be posted in the retail establishment so as to assure that they are (a) readable and (b) likely to be read either at each retail point of sale or each point of display.

Proposition 65 alcohol warning signs or notices should be placed either at all retail points of sale or all points of display, but need not be placed at both.

If 8.5 inch by 11 inch signs or notices are placed at the point of display, each shall be placed no more than ten feet from any alcoholic beverage container and in a manner associating the sign or notice with the display.

If a 5 inch by 5 inch sign is used, it shall be conspicuously placed at each retail point of sale (e.g., checkout counter, cash register, cash box) so that it is likely to be read and understood during the sales transaction.

All signs or notices should be displayed so that they are clearly visible under all lighting conditions normally encountered during business hours.

For alcoholic beverages that are provided for consumption on premise at tables served by food or beverage persons, the retailer must:

1. post a notice or sign at least 5 inches high by 5 inches wide bearing the beverage alcohol warning message at each of the tables where alcoholic beverages are served or may be consumed; or
2. include the beverage alcohol warning message on every menu or list of alcoholic beverages provided to patrons; or,
3. post at least one 8.5 inch by 11 inch sign bearing the beverage alcohol warning message.

Proposition 65 alcohol warning signs or notices should be placed so that they are (a) readable and (b) likely to be read by patrons as they enter each public entrance to the establishment.

All signs or notices should be displayed so that they are clearly visible under all lighting conditions normally encountered during business hours.

If the establishment does not have clearly defined physical boundaries delineating those areas where, by permit or license, alcoholic beverages are served, an 8.5 inch by 11 inch warning sign should be posted so that it is readable and likely to be read by patrons as they enter the area or areas where, by permit or license, alcoholic beverages are served.

If alcoholic beverages are sold or distributed through over-the-counter service, at least one Proposition 65 alcohol warning sign or notice should be placed in the retail establishment so that the warning message is, prior to the consumption of alcoholic beverages, readable and likely to be read from all counter locations available to the public.

All signs or notices should be displayed so that they are clearly visible under all lighting conditions normally encountered during business hours.

If a premise is specially licensed to sell and serve alcoholic beverages both on and off the licensed premises (e.g., in facilities that offer both "tasting" and retail sales), the portion involved in off-premise sales should comply with the posting requirements for alcoholic beverages that are primarily intended for consumption off-premise, and the portion where alcoholic beverages are served should comply with the posting requirements for alcoholic beverages that are provided for consumption on premise.

For alcoholic beverages sold or distributed to consumers in California over the internet or through the mail or package delivery services, Proposition 65 alcohol warnings may be provided by incorporating or placing the warning message on or in the shipping container or delivery package in such a manner so that the warning message is likely to be read by the recipient prior to consumption of the alcoholic beverage(s).