This notice relates to California's Safe Drinking Water and Toxic Enforcement Act of 1986, also known as California Proposition 65, and its potential application to products manufactured by American Douglas Metals, Inc. ("Seller").
Proposition 65 does not regulate the content or composition of products. Instead, it requires that businesses provide a clear and reasonable warning before exposing someone in California to one of approximately 900 chemicals listed by California's Office of Environmental Health Hazard Assessment. Please be advised that Seller's products contain chemicals that have been listed by the State of California pursuant to its authority under Proposition 65. These include, by way of example, lead, a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.
Proposition 65 warnings could be required, depending on the application, extent of exposure, or both. However, due to the wide variety of Seller's products and the uses to which they are put, Seller has not determined that exposures requiring Proposition 65 warnings do, in fact, occur, or whether a Proposition 65 warning would be required for the use to which you intend to put Seller's product(s). Seller therefore makes no representations or warranties about whether a Proposition 65 warning will be required for the use to which you will put the Seller's product(s).
It is your responsibility to determine whether a Proposition 65 warning is required in light of the manner in which Seller's products will be used. In the case of Seller's products, we believe that the following warning would suffice:
WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
You should consult with your legal counsel about the requirements, including font sizes, to utilize a warning.
If the products will be machined in California or offered for sale in California with a reasonable expectation that the article may be machined (such as an unfinished feed stock), then there is a possibility that a warning would be required. Whether a warning would be required would depend on the amount of exposure to respirable aluminum dust produced by machining.
In the event that a warning is not already in place, Seller suggests that the following warning be posted where respirable aluminum exposures might occur:
WARNING: Entering this area can expose you to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm, including lead, from machining of aluminum products. For more information go to www.P65Warnings.ca.gov.
Seller recommends that you consult your legal counsel if you have further questions regarding the requirement for, or content of, Proposition 65 warnings.