Prop 65

Prop. 65 Designated Smoking Area Exposure Warnings

Designated Smoking Area Exposure Warnings

Effective August 30, 2018

If you are a tobacco retailer with a designated smoking area, you must comply with the new Proposition 65 Designated Smoking Area Exposure Warnings beginning August 30, 2018. 

To be in compliance with Proposition 65 Designated Smoking Area Exposure Warnings:

  • If you have a retail store that has a designated smoking area or smoking lounge, a warning sign must be posted on a sign no smaller than 8 ½ x 11 inches both at the entrance to and within the designated smoking area.
  • The warning language must be printed in no smaller than 22-point type and enclosed in a box.
  • The warning sign must use a black exclamation point in a yellow equilateral triangle with a black outline. If you do not have a color printer, the warning may be used in black and white.
  • The triangle must appear in a size no smaller than the word “WARNING,” which should appear in all capital letters and bold print.
  • The warning sign should read: “WARNING: Breathing the air in this smoking area can expose you to chemicals including tobacco smoke and nicotine, which are known to the State of California to cause cancer and birth defects or other reproductive harm. Do not stay in this area longer than necessary. For more information go to www.P65Warnings.ca.gove/smoking-areas.”

pdfDOWNLOAD A SAMPLE HERE

PENALTIES FOR NOT BEING COMPLIANT WITH PROPOSITION 65

Violators may be subject to an injunction to stop the violation and are liable for a civil penalty not to exceed $2,500 per day for each violation.

This website and all of its published content is strictly for users age 21 or above. Not all legal requirements related to tobacco products are discussed in the contents of this site. Please remember that it is your responsibility to comply with all applicable provisions of the FD&C Act, and other federal, state, or local requirements that apply to you.
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