Sample Letter to California Wood Products Retailers

Date: (DD/MM/YR)

To: (RETAILER)

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 retailers of wood products have a duty to provide a warning to consumers purchasing 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.

To assist you in complying with Proposition 65, further information 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.  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.

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

Sincerely,

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

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 store/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 store/company, it is our company’s intention to comply with the California Proposition 65 wood dust warning requirements.

(Yes/No): ________

Signature: ___________________________________________