Buying from 
China to sell in California: do you need a Prop 65 warning? From 2028 short-form warnings must name a chemical in detail
Consumer products sold in California that expose people to a chemical on the Prop 65 list generally need a warning, unless you can show exposure is at or below the "safe harbor" level or another exemption applies. What counts is actual exposure, not just material content. Businesses with fewer than 10 employees are exempt from the legal warning requirement, though contract warning and indemnity duties may still apply. Primary responsibility sits upstream (manufacturers, importers, suppliers, distributors); retailers carry their own duty in some situations. For online sales, the warning must be shown clearly before the purchase is completed. Short-form warning amendments took effect on 1 January 2025: products manufactured and labelled from 1 January 2028 that use the regulatory short-form warning (to get safe-harbor protection) must name at least one listed chemical for each type of harm; products already made and labelled with the old short form before then may keep it.
- Applies to
- Importers and online sellers who buy consumer goods from Chinese factories to sell into California (Amazon sellers, own web stores, US distributors).
Dear friend,
Welcome! This letter sets out what you need to know, plainly and in order.
What the official site says (California OEHHA Prop 65 website)
| Question | Official position |
|---|---|
| Fewer than 10 employees | "A company is exempt from the warning requirements if they have fewer than 10 employees." The FAQ also notes small businesses may still have contract obligations, and the count is not limited to California offices |
| Who is primarily responsible | Primary responsibility is placed on product manufacturers and other upstream businesses; retailers must place and maintain warning materials received from upstream, and are responsible themselves in the situations listed in section 25600.2 |
| Below safe harbor | At or below the safe harbor level, no warning is required. A chemical without a safe harbor number does not mean no warning is needed |
| Online sales | The warning must be shown clearly before the buyer completes the online purchase: on the product page, through a link marked "WARNING", or in a pop-up before checkout |
| Short-form amendments | Effective 1 Jan 2025; products manufactured and labelled before 1 Jan 2028 may use either the old or new short form; from 1 Jan 2028 the short form must follow the new wording |
| What the new short form contains | Warning symbol + the required signal word + the name of at least one listed chemical for each type of harm |
| Not labelling the product itself | The upstream business may give the retailer written notice and warning materials, get confirmation of receipt, and renew the notice at least once a year |
| Time for online stores to update | Section 25602(b)(2): for online purchases before 1 Jan 2028, an online retailer must switch within 60 days of receiving upstream notice of a short-form update. Time limits and conditions apply; check the text |
Source: Proposition 65 Warnings Website: Frequently Asked Questions for Businesses (page undated, checked 27 Oct 2026).
What to do when you buy from China
- Know what is in the product: ask the factory for a materials list for the product and packaging, and check it against the Prop 65 list on the OEHHA site (plastics, metals, leather and coatings are common places to look).
- Assess actual exposure: where a safe harbor number exists, exposure below it needs no warning. A material concentration test report does not by itself mean no warning; assess exposure and keep the records.
- If a warning is needed, word it correctly: if you use the short form from 2028, the product label must name at least one chemical. Follow the wording in the OEHHA regulation (section 25603).
- Online, show it before checkout: product page, link or pre-checkout pop-up; meet the regulation first, then the platform's own rules. An online warning does not necessarily replace warnings required elsewhere, and product types with their own warning rules may not be able to use the short form.
- Put it in the purchase contract: agree who acts as the "upstream" business responsible for warnings, who supplies labels, and who keeps test records. A contract only settles matters between the two of you; it does not move the legal duty away automatically.
Unknowns
- Penalty amounts: the official FAQ gives no figures, so this page cites none.
- Platform upload requirements for Prop 65 (such as Amazon's): follow the platform's seller rules.
- This page summarises public official information. It is not legal advice.
Sources for this letter
Wishing you good business,
The mouwise team
Checked 2026-10-27
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