The US buyer wants a Prop 65 warning: a CE file and a Trade Assurance order will not write that sentence

Bottom line:

A California buyer who asks for Prop 65 wants a clear and reasonable warning: whether this consumer product can expose someone in California to a chemical on the OEHHA list. It is not a ban. It is not CE, REACH or a Trade Assurance clause.
OEHHA does not sell a pass certificate. A manufacturer may warn on the product, or give written notice and warning materials to the downstream authorised agent under 27 CCR 25600.2 and keep the acknowledgement. Opening a Hong Kong store does not issue that text.
There is no site-wide official penalty figure. Do not write “no warning, nationwide” on a showcase. Penalties and defence follow California law and counsel. Do not copy a WeChat number.

The inquiry says: “Need Prop 65 certificate before PO.” Sales zips a CE, a RoHS and a Trade Assurance screenshot. The buyer replies that none of that is California. The shop floor asks whether to print one more line that says cancer, or change the formula.

How an EU composition table is sent is on REACH / SVHC. Whose name goes on the pack as the Union safety contact is on GPSR Responsible Person. Who stands as importer at CBP is on IOR. The California sentence is the one that stops this PO: who warns, about what, and what the factory sends.

1. The certificate they want is not for sale

The Safe Drinking Water and Toxic Enforcement Act of 1986 is what the trade calls Proposition 65. OEHHA’s business FAQ says a clear and reasonable warning is required before a business knowingly and intentionally exposes someone to a listed chemical. That is not a US tariff heading. It is not a clause on an Alibaba.com order.

What they say	What it actually is	Will CE or Trade Assurance do?
Prop 65 certificate	A composition and exposure note against the current list, or notice plus warning materials to the next business	No. OEHHA does not sell this paper
Prop 65 warning / California mark	A safe-harbor warning on the product or label. Wording follows p65warnings.ca.gov that day	No. A CE mark is not a California warning
Prop 65 compliant	Either the exposure is at or below a safe-harbor level, or the warning has been given as required	Do not write “certified”
Nationwide / US Customs requirement	This is California law, not a federal import duty	A broker’s duty estimate does not answer it

The list lives on the OEHHA site and is updated at least once a year. For a newly listed chemical, the warning duty usually starts one year after listing. Do not answer “no listed chemicals” from a test that is two years old.

2. The warning duty sits with the manufacturer side. Retailers receive materials

OEHHA puts the primary duty on the manufacturer, producer, packager, importer, supplier or distributor. For consumer products there are two paths: warn on the product or its labeling; or give a written notice that a warning is required, plus the warning materials, to the authorised agent of the business you sell to, or to the authorised agent of a retail seller who is subject to Prop 65, and keep confirmation of receipt. The detail is in 27 CCR 25600.2. The official Q&A is the Business FAQ.

A Hong Kong company on Alibaba.com, goods made in Dongguan, seller on a Hong Kong letterhead, buyer a California retailer — the usual stall is who receives the warning materials, who signs the acknowledgement, and whether next year needs a new send. The regulation expects the notice to be renewed on a cycle. A formula or supplier change retires the old PDF.

Importer liability and the warning duty can sit on different parties at once. Not standing as US IOR does not erase the California warning. A forwarder who says “we clear it” does not take the OEHHA box.

3. The factory sends composition and exposure, not a green certificate

What the shop floor can produce is what this article uses, what remains as residue, and whether normal use can expose someone to a listed chemical. Lead solder, brass, plasticisers, wood dust and some flame retardants have all appeared on the list. Appearing on the list is not a verdict that this SKU must warn. An untested SKU is not a “none” reply.

OEHHA has published safe-harbor levels (NSRL / MADL) for some chemicals. A chemical without a published level is not a free pass; the assessment path is different. A test report must name the sample, the method, the date and this model. A Verified-supplier audit and a pre-shipment inspection look at other questions, see pre-shipment inspection.

Do not let sales translate the warning. Short-form, food and online warnings have been revised in Article 6. Which sentence to use, and whether a chemical must be named, follows the current safe-harbor text. Do not save a triangle from a random image.

4. Where sales and the shop floor usually cross the files

“It passed the EU, so California is fine.” REACH asks whether an SVHC is in the article. Prop 65 asks about exposure and a warning. The two lists do not line up. The conclusions do not swap.

“Print one line that says cancer and we are done.” A warning that is not required can still be refused by a retailer. A required warning with the wrong text does not hold the safe harbor. Decide whether this SKU needs a warning, then pick the official sentence.

“We are a small Hong Kong company, so we skip it.” The headcount test looks at the business that causes the exposure, not only the Tsim Sha Tsui office. A mainland plant, a US warehouse or a licensed brand can leave the duty in the chain. Do not declare an exemption yourselves.

“Write it into the Trade Assurance order and the platform covers us.” Trade Assurance follows payment and the written terms on that order. A California warning is not a release node. Mediation does not cover a private-enforcer letter.

5. How to answer the inquiry

What they ask	A reply that holds	Do not send
Send Prop 65 certificate today.	OEHHA does not issue a pass certificate. Please say whether you want an on-product warning, a written notice to your authorised agent, or a test for a named chemical. We will send it for this model.	CE / RoHS is the Prop 65 certificate.
Put Prop 65 on the Alibaba order so we are covered.	The Trade Assurance order covers payment and the written lead time and spec. The California warning follows OEHHA. If needed, we will put the warning plan in a spec attachment. That is not a platform guarantee.	Writing it on the order means California will not sue.
Ship to a California warehouse. No warning. We are wholesale.	Wholesale does not cancel the warning. The manufacturer still warns on the product, or sends notice and materials downstream and keeps the acknowledgement. Please name the authorised agent.	Wholesale need not mark.
Your listing says Prop 65 compliant.	We do not write that on the showcase. Origin, materials and tests follow the inquiry. Any warning follows the list screen for this model.	Certified. No warning, nationwide.

If a sample goes to California before the bulk list screen is done, see how to write the sample. Do not lock the bulk promise to a temporary mark on a sample box.

6. If someone already wrote “we have Prop 65”

Tell sales the same day: prices that say “compliant / no warning / certified” stop.
Open this inquiry: does the cargo enter California, who retails it, and do they want a label, a notice or a test.
Keep CE, REACH, Section 301 and IOR in their own files. Do not retitle one zip.
The factory sends composition and tests for this model, not a two-year-old file from another SKU.
If a warning is required: use the current OEHHA safe-harbor sentence, confirm it with the buyer, then print. Do not let sales dictate a cancer line.
If a notice already went out: check the acknowledgement and the date. If it has lapsed, send again under 25600.2. Do not assume last year’s PDF still counts.

Membership still buys the file and the showcases, wired to ALIBABA.COM HONG KONG LIMITED. Corpable does not issue a certificate or defend a claim. The list follows OEHHA that day. Do not write a penalty schedule into the contract.

Questions teams actually ask

If we send CE, RoHS and REACH reports, does that count as Prop 65?

No. Those files answer EU safety and composition. Prop 65 asks whether this consumer product can expose someone in California to an OEHHA-listed chemical, and whether a clear and reasonable warning is required. Those reports do not answer that sentence.

Does OEHHA sell an official Prop 65 certificate?

No. The Office of Environmental Health Hazard Assessment keeps the chemical list and the safe-harbor warning rules. It does not sell a pass certificate. What a buyer calls a “certificate” is usually your composition note against the current list, or a written notice plus warning materials under 27 CCR 25600.2.

If we ship to New York or Texas, do we still print a California mark?

Prop 65 covers exposures in California. Nationwide e-commerce, a California warehouse or a California retail floor can bring the warning in. Do not write a California warning as a US customs or Trade Assurance national term.

Our Hong Kong company has only a few people. Are we automatically exempt?

The statute has a headcount threshold for the business that causes the exposure. Do not declare an exemption from the Hong Kong office count alone. A mainland plant, a US warehouse or a downstream retailer can leave the duty in the chain. Follow the regulation and counsel. Do not copy a forwarded post.

May the showcase say “Prop 65 compliant / no California warning”?

Not without a matching list screen and a warning plan. “No warning” promises that California will not see a listed exposure. The list updates. A formula change will be screenshotted first.

Can Corpable issue a Prop 65 certificate or guarantee California will not sue?

No. An advisor can sit with you on whether they want a label, a notice or a test. We do not write the warning, defend a claim, or guarantee an outcome. Membership fees still wire to ALIBABA.COM HONG KONG LIMITED.