Letter to Distributors « Ainsworth Engineered

Sample Letter to Wood Products Distributors and other Resellers

Date: (DD/MM/YR)

To: (CUSTOMER)

From: (YOU)

Re: IMPORTANT LEGAL INFORMATION: California Proposition 65 Wood Products Warning Requirements – Your response is required

Dear (CUSTOMER):

On December 18, 2009, wood dust was added to the list under California Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, as a substance known to the State of California to cause cancer. Wood products will expose individuals to wood dust when they are drilled, sawed, sanded, machined, or otherwise handled in a manner that will produce wood dust.

Warning Requirements. According to California Health and Safety Code Section 25249.6, starting December 18, 2010, no person in the course of doing business shall knowingly and intentionally expose an individual to wood dust without first providing a clear and reasonable warning. The warning requirement applies to any person employing ten or more employees who manufactures, produces, sells, distributes, or otherwise transfers a wood product into the stream of commerce in California.

The California Attorney General’s Office has indicated that, in their view, distributors of wood products have a duty to inform their customers of the warning requirement and to take reasonable steps to ensure their customers are properly providing the warning to the ultimate purchaser of the wood products.

The Approved Warning. The California Attorney General’s Office has stated that the following warning, if properly displayed at the retail outlet, satisfies the clear and reasonable warning requirement of the statute:

WARNING: Drilling, sawing, sanding or machining wood products generates wood dust, a substance known to the State of California to cause cancer. Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection. California Health and Safety Code Section 25249.6

An example of a warning sign you or your customers can print, as well as ready-to-post laminated warning signs, are available from the Lumber Association of California & Nevada (e-mail: info@lumberassociation.org, phone: 916/235-7490) or from Ainsworth’s website http://www.ainsworthengineered.com/resource-library/california-proposition-65/.

Displaying the Warning. This approved warning sign must be posted at the retail outlet where wood products being offered for sale are displayed, or at the point of sale (i.e., cash register or order counter), or both, so that it is likely to be seen and read by consumers purchasing wood products. If the point of sale is other than at a retail outlet (e.g. where orders are taken by phone or electronically), the warning should be included with the invoice or in a confirming e-mail.

Your Duties as a Distributor or Supplier. To comply with your duties under Proposition 65, you must send an explanatory letter to all of your customers in California to inform them of their duties under Proposition 65, and you must make reasonable efforts to ensure that retailers are properly posting the warning sign.

To assist you and your customer in complying with Proposition 65, further information, sample letters, and warning signs can be obtained by going to Ainsworth’s Prop. 65 webpage http://www.ainsworthengineered.com/resource-library/california-proposition-65/.

We Need Confirmation From You. We need an individual in a position of authority within your company to confirm your receipt of these warning materials and instructions from us, and letting us know your company will carry out its duty to post or provide the Proposition 65 warning to the end user, or pass along this information to your customer, as stated above. You may provide such confirmation by completing and mailing to us the attached Reply Confirmation Form. If we do not hear from you, we will call you to follow up on this request for confirmation.

We plan to send out a copy of this letter on an annual basis, and to obtain confirmation that you are continuing to provide the Proposition 65 warning and instructions to each of your customers.

Proposed Warning Language and Instructions You Can Include With Or On Your Invoices. In addition to the foregoing, you may also choose to include a warning on any invoices for wood products as an additional warning to your customers. If you choose to provide a warning with or on your invoice, the following invoice warning language is suggested:

According to California Health and Safety Code Section 25249.6, as of December 18, 2010, by purchasing this product you have a duty to inform your retailer customers that they must provide a clear and reasonable warning to any customer who purchases wood products, and you must take reasonable steps to ensure that the warning is properly posted at the retail outlet. The following warning should be posted at the retail outlet in California where wood products being offered for sale are displayed, or at the point of sale (i.e., cash register or order counter), or both, so that it is likely to be seen and read by the ultimate purchaser of the wood products.

If you are a distributor, you have a duty to notify the retailers of wood products of the Proposition 65 warning requirements and to confirm that they will provide the warning as required by the law. If you need additional information, please contact us.

Should you have any questions, please contact us at: .
(YOUR CONTACT INFORMATION HERE)

Sincerely,

(Representative & Title)
Wood Products Distributor/Supplier/Re-Seller

Attachment: Reply Confirmation Form

Prop. 65 Reply Confirmation Form

PLEASE PROVIDE US WITH THE INFORMATION REQUESTED IN THE SPACE PROVIDED—————-

Date: ___________________

Your Name: _________ _______________________________________

Your Company: ____________ ____________________________________________________

Your Company or Store Location: ____________________________ _______________

Your Title: _______________________________

I am in a position of authority within my company. (Yes/No): _________

This is to confirm that I have read and am familiar with the information, instructions, and materials concerning the California Proposition 65 wood dust warning, and, to the extent Proposition 65 applies to our company, it is our company’s intention to comply with the California Proposition 65 wood dust warning requirements.
(Yes/No): ________

Signature: ___________________________________________________________________