California Prop 65 for Importers of Handmade Home Decor and Textiles from India

Oct 10

6 min read

If your handmade home decor or textiles reach shoppers in California, Proposition 65 applies to your supply chain. It does not ban products. It requires a clear warning when a product exposes people to listed chemicals above certain levels. This guide covers who must warn, what changed in the short-form label, and practical steps to take with your supplier.

What Proposition 65 is

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, was approved by California voters in November 1986 (OEHHA). It requires California to publish a list of chemicals known to cause cancer or reproductive harm, updated at least once a year. The list now holds about 900 chemicals (OEHHA).

Businesses must warn Californians before significant exposures to listed chemicals. No warning is needed if the exposure poses no significant cancer risk or is well below levels linked to birth defects or other reproductive harm (OEHHA). To help businesses judge this, OEHHA sets safe harbor levels: a No Significant Risk Level for carcinogens and a Maximum Allowable Dose Level for reproductive toxicants (OEHHA). Once a chemical is listed, businesses have 12 months to comply with the warning requirement (OEHHA).

Enforcement: The California Attorney General, district attorneys, some city attorneys and private individuals acting in the public interest can all bring cases. Penalties can reach $2,500 per violation per day (OEHHA).

The 10-employee threshold

Businesses with fewer than 10 employees are exempt from the warning requirement. Full-time and part-time employees on the date of exposure are counted (Prop 65 business FAQ).

There is a catch for small importers. OEHHA notes that small businesses may still have contractual or indemnification obligations (Prop 65 business FAQ).

Who is responsible: importer or retailer?

The regulations put primary responsibility upstream. A manufacturer, producer, packager, importer, supplier or distributor can comply in one of two ways (OEHHA, section 25600.2):

put a compliant warning on the product or its labelling, or
send written notice and warning materials to the retailer's authorized agent, get confirmation of receipt, and renew it each year while the product is sold in California.

A retail seller is responsible for the warning only in specific cases (OEHHA, section 25600.2):

Situation	Retailer responsible?
Sells under its own brand or private label	Yes
Knowingly adds a listed chemical	Yes
Covers or alters a supplier's warning label	Yes
Received warning materials but did not display them	Yes
Has actual knowledge and no upstream business is reachable in California	Yes
Supplier labelled the product correctly	No, retailer keeps the label in place

The last two rows matter for imports. If an overseas maker has no California agent or place of business, a retailer with actual knowledge of the exposure can become responsible (OEHHA, section 25600.2). Private-label buyers should also note the first row.

Warning rules and the 2025 short-form changes

OEHHA's safe harbor warnings are optional. A business may use a different warning if it is clear and reasonable, but it may then have to defend that warning in court (Prop 65 business FAQ).

OEHHA amended the short-form warning. The rule was approved on 26 November 2024 and took effect on 1 January 2025 (OEHHA). The main change is that the short form must now name at least one chemical. The new content includes (OEHHA final regulatory text):

the yellow triangle warning symbol
"WARNING:", "CA WARNING:" or "CALIFORNIA WARNING:" in bold capitals
for a carcinogen, "Cancer risk from exposure to [chemical]. See www.P65Warnings.ca.gov."
for a reproductive toxicant, "Risk of reproductive harm from exposure to [chemical]."

The short-form warning must be no smaller than the largest type used for other consumer information on the product, and never smaller than 6-point type (OEHHA final regulatory text).

Key compliance date: Products manufactured and labelled before 1 January 2028 may keep the old short form, such as "Cancer - www.P65Warnings.ca.gov", with no sell-through limit. From 1 January 2028, the new wording is needed for safe harbor protection. When a supplier sends updated online warnings, retailers have up to 60 days to display them (Prop 65 business FAQ).

Watch this space: In July 2026 OEHHA published draft "Omnibus 2026" text for a pre-regulatory workshop. It covers internet warnings, retailer duties under section 25600.2 and QR code warnings (OEHHA). These are proposals and not yet law.

Chemicals relevant to handmade home decor and textiles

The table lists listed chemicals that OEHHA's own guidance links to product types similar to handicrafts. Whether a warning is needed depends on the actual exposure, not just on whether the chemical is present.

Chemical	Prop 65 listing	Where OEHHA says it may occur
Lead	Reproductive harm; cancer	Some ceramic dishes and pottery; vinyl purses
DEHP, DBP, BBP, DINP (phthalates)	Cancer and/or reproductive harm	PVC and artificial leather bags; inks, pigments, paints, lacquers
Formaldehyde (gas)	Cancer	Composite wood; paints and lacquers; permanent-press linens and draperies
Bisphenol A (BPA)	Reproductive harm	Plastics, resins and coatings

Sources: Prop 65 chemical list, 31 July 2026; fact sheets on lead, phthalates, formaldehyde and BPA.

Some product notes:

Glazed pottery: Lead's safe harbor level for reproductive harm is 0.5 micrograms per day (OEHHA). For food-contact pieces, also read our guide to blue pottery and FDA lead rules.
Painted and lacquered wood: OEHHA links formaldehyde to paints, lacquers and coatings, and to furniture made with formaldehyde-containing adhesives (P65Warnings).
Bags and trims: Phthalates can occur in artificial leather made with PVC, and in inks and pigments (P65Warnings). Ask about any vinyl lining, trim or printed patch.
Textiles: Formaldehyde is linked to permanent-press fabrics such as linens and draperies (P65Warnings). Ask whether any wrinkle-resistant finish is used. See our Sanganeri block print textiles guide.

Practical steps for importers and retailers

Map your products. List each SKU and its materials: glazes, paints, lacquers, resins, adhesives, PVC components and textile finishes.
Get supplier declarations. Ask the maker to state in writing which materials, dyes and finishes are used, and whether any are known to contain listed chemicals.
Test where risk is real. Use an accredited lab to test higher-risk items such as glazed ceramics, painted surfaces and vinyl parts, then compare the results with the safe harbor levels.
Decide: reformulate or warn. If testing shows a possible exposure above safe harbor levels, change the material or give a compliant warning.
Update labels before 2028. Move short-form labels to the new chemical-naming format, and include online warnings for e-commerce.
Put it in writing. Agree in your purchase terms who labels, who sends 25600.2 notices to retailers, and how annual renewals are handled.

This guide is general information, not legal advice. Confirm your approach with a Prop 65 adviser or the regulator before selling into California.

FAQ

Does Prop 65 apply if I sell online from outside California?

Yes, if you sell to consumers in California. Supplier notices must include warning language for internet sales (OEHHA, section 25600.2), and the draft Omnibus 2026 text proposes more detail on online warnings (OEHHA).

Can I keep using "Cancer - www.P65Warnings.ca.gov" labels?

Yes, on products manufactured and labelled before 1 January 2028. After that date, use the new short form that names a chemical (Prop 65 business FAQ).

Can I add a warning without testing?

Yes. OEHHA notes that a business may choose to warn based on its knowledge, or assumption, about the presence of a listed chemical (OEHHA). Many buyers still test so they do not over-warn.

My retailer received my warning notice. Am I done?

Not quite. The retailer's confirmation of receipt must be renewed every year while the product is sold in California (OEHHA, section 25600.2).

Working with Kraft Bharat

Kraft Bharat makes Jaipur blue pottery, Saharanpur wood carving, Sanganeri hand block print textiles, epoxy resin and wood homeware, and cotton and embroidered bags for buyers worldwide. We can share materials and finishes details for each product, send paid samples for your own lab testing, and print your warning text on custom or private labels. Typical MOQs are around 500 pieces, depending on the product, with production lead times of about 30 to 45 days and full export documentation. For the wider US import process, see our guide to importing handicrafts from India to the USA.