How is Proposition 65 enforced?
A. Proposition 65 is enforced when legal action is taken against a business that has failed to warn or has discharged a chemical on the list into a source of drinking water; it is not enforced directly by the OEHHA. There are three ways that it can be enforced: 1. The Attorney General can take enforcement action. 2. Any district or city attorney (for cities whose population is greater than 750,000) can take action. 3. Any individual or group acting in the public interest may file a lawsuit against alleged businesses. All three methods have been used in the past and penalties for violation of Proposition 65 can be as much as $2500 per day for each violation.
