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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114078
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a garden weeder that is battery operated I need to

Customer Question

I have a garden weeder that is battery operated I need to know how I have to put proposition 65 on and if I have to. it is being produced in China being shipped to the US and I only have three or four people working for me it will be sold online and in retail
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you gotten the batteries inspected and certified for compliance with Prop 65? Also, have you considered that it may end up cheaper in long run to get the product from China without the batteries and obtain certified batteries in the US, since Customs right now has been very strict with battery imports and it can even be costly clearing them through customs, even if they find only one battery that does not comply in a whole shipment?
Customer: replied 1 year ago.
Batteries have been certified by UL.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In that case you need an actual certificate from UL and you need to show that they are Prop 65 compliant as well. The problem with Chinese manufacturers is that they can have fake UL certifications as well, so in your contract with them you should seek to have any payments held in escrow until their products clear customs.
If the batteries are not Prop 65 compliant though, it is not enforced by Customs but by civil lawsuits. If the batteries contain chemicals on the Prop 65 list, then you must make sure each product is labelled as follows:
For carcinogens: "WARNING: This product contains a chemical known to the State of California to cause cancer."
For reproductive toxins: "WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm."
If you have proper labeling then you can avoid damages in a suit in CA.

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