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Greater Irvine Chamber Supports CA AB1583

Wednesday, March 22, 2017

The Greater Irvine Chamber of Commerce lends its support to California Assembly Bill 1583 which requires private enforcers of Proposition 65 to provide alleged violators with more information regarding the cause for the filing a lawsuit. 

The Chamber has joined a coalition of organizatoins that lobby for the bill's passage.

In 1986, voters approved Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires California businesses with 10 or more employees to provide a clear and reasonable warning before knowingly and intentionally exposing individuals to chemicals known to cause cancer and/or reproductive toxicity. Failure to comply with the act exposes a business to civil penalties of up to $2,500 per day. 

The intent of the law is to allow consumers to make informed choices when they purchase products or enter certain establishments. Before a private enforcer can sue under Proposition 65, it must give the alleged violator more than a 60 day notice of their intent to bring an action. The 60-day notice must also include a certificate of merit, which states that the person executing it has consulted with one or more experts in reviewing exposure data and concludes there is cause for a lawsuit.  Simultaneously, the private enforcer provides a copy of the 60-day notice and certificate of merit to the Attorney General (AG), and public prosecutor in whose jurisdiction the violation is alleged to have occurred. In addition to the 60-day notice and certificate of merit, the AG and prosecutor also receive the factual basis for the lawsuit, such as exposure data showing a violation occurred. This information allows the AG and prosecutor to decide if they want to pursue an action on behalf of the public.

Category: Chamber News

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