Legal Information and Disclosures
California Customers Only: Proposition 65 Information
Proposition 65 is a California law that requires businesses to include a warning to California customers regarding any products that contain measurable amounts of any one of over eight-hundred chemicals, many of which are naturally occurring.
Some herbs may contain low levels of lead which are often naturally occurring in the earth and in groundwater. These levels are well below FDA's current tolerable intake levels (and much less than the amount shown to cause harm in adults).
Why do I see a Proposition 65 warning on my order?
Because of the unique nature of this state-specific law, we must display a Proposition 65 warning on all orders that are shipped to California, regardless of what items are on the order. This warning is the same one that is found posted on hotels, stores, gas stations, airports, golf courses, public parks, and other public buildings found throughout the state.
It would be virtually impossible to test every herb and every product we have for all 800 substances on the California Proposition 65 list. For this reason, out of an abundance of caution, we have opted to place the Proposition 65 warning on every order we ship to California.
What is California Proposition 65?
Proposition 65 was passed in 1986 with the intention of increasing accountability and preventing people and companies from dumping toxic material in California waters. It is known as "The Safe Drinking Water and Toxic Enforcement Act of 1986," and it enforces the idea that people have the right to know about the presence of dangerous chemicals in their food and water.
Chemicals recognized by the State of California to contain carcinogens or cause reproductive harm are subject to the requirements of Proposition 65. One of the most cited chemicals is lead, which naturally occurs in soil, water, and the ocean. According to Proposition 65, the content of lead has particularly stringent regulations, requiring a warning if its presence exceeds 0.5 micrograms in any given product per day. This is nearly 1,000 times lower than the amount known to cause reproductive harm according to the federal government.
How is Proposition 65 enforced?
Proposition 65 is enforced entirely by way of civil lawsuits brought about by organizations that seek monetary gain in the form of a settlement, and rarely does the state's attorney general ever bring action.
This form of litigation puts businesses in a defensive position. That is why you will see Proposition 65 warning signs all over California, on restaurants, on stores, on apartment buildings, gas stations, banks, and anywhere else that could theoretically be in violation.
Are there exceptions for substances or chemicals that occur naturally?
If a company can prove that a substance or chemical occurs naturally in its products, it is exempt from Proposition 65. However, for the last 100 years or so, industrial change in the United States and in the developing world has created an increase in the amount of lead spread throughout the environment. There is no doubt that practices such as using leaded gasoline, burning coal, oil and other fossil fuels have all had a detrimental effect on our environment. These actions have spread lead into the atmosphere, rainwater, our oceans, and into the soil where it is absorbed by plant life.
For this reason, it isn't possible to claim that the lead content appearing in our products is entirely natural. Even though lead is never added to any of our products, and even though our products are safe, proving that lead only occurs naturally is prohibitively expensive.For more information on Proposition 65, Click Here.
Sales Tax Disclosure and Notice
Penn Herb Company, Ltd. does not collect sales or use tax for the states listed below. A purchase may be subject to sales tax in your state unless it is exempt from taxation. The states below require purchasers to report all purchases of tangible personal property which are not taxed by the retailer and to pay tax on those purchases unless specifically exempted by law. Applicable tax forms and instructions may be found on the website for your state's Department of Revenue.
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia