Compliance Statement for California Proposition 65

Dear BHS Customers:

Proposition 65 (“Prop 65”), requires the state of California to publish and maintain a list of chemicals known to cause birth defects, cancer, or other reproductive harm, or both. Prop 65 also requires businesses to provide “clear and reasonable” warnings about potential exposures to listed chemicals. The Office of Environmental Health Hazard Assessment (OEHHA), a department of the California Environmental Protection Agency, generates regulations to implement Prop 65. These regulations require that a warning be applied to any consumer product or to its packaging if the product contains one or more listed chemicals. Exposures to listed chemicals in consumer products do not require warnings if they are equal to or less than “safe harbor” levels. For carcinogens, i.e. cancer causing substances, the safe harbor level is an exposure that will not pose a significant risk of cancer. For reproductive toxicants, i.e. substances that cause birth defects or other reproductive harm, safe harbor exposures are those that are significantly below the levels observed to cause birth defects or other reproductive harm.

As of August 30th 2018, consumer product warning regulations changed. In addition to on-product warnings, consumers must receive pre-purchase warnings in catalogs and webpages.

BHS’ products present on this excel list require one or more Prop 65 warnings whenever sold into California. BHS will provide the appropriate on-product warning labels for these products provided by BHS Label part number 196806. BHS will label it products in “short form.” The content of short form warnings is provided in 27 CCR §25603(b). BHS suggests that you consult with legal counsel to determine whether short form warnings or long form warning are more suitable. The content of long form warnings is provided in 27 CCR §25603(a). If warning labels are applied to products BHS sells to you, then you must leave those labels in place. If you are a dealer of BHS’ products, then you must provide pre-purchase warnings to your retail customers.

BHS requests that you complete the following confirmation form. Your confirmation may be submitted either electronically or in writing. If BHS does not receive confirmation, we will be unable to ship products to you.

As a condition of distributing BHS products:

1. The dealer acknowledges that it is an authorized agent, for the purpose of complying with Prop 65, of any retail seller to whom it distributes BHS products. Under the Prop 65 regulations, this means that the dealer is authorized by the retailer seller(s) to receive Prop 65 notices from manufacturers.
2. The dealer agrees to indemnify and hold harmless BHS for any liability if the dealer fails to provide the Prop 65 notice (which is provided by this notice) to an end user. BHS requires your confirmation electronically, or in writing, of receipt of this notice. Fill out the appropriate fields below for acknowledgement. If we do not receive confirmation, we will be unable to ship products to you.

Affected product list: Excel List

For further questions concerning Prop 65, refer to: https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations. For any additional questions, contact us via email to [email protected].

Sincerely,

BHS, Inc.

Signature: ______________________________________________________________

Name: ________________________________________________________________

Title: ___________________________________ Date: _____________________

SM-1349 11/19