The Safe Drinking Water and Toxic Enforcement Act, popularly known as “Proposition 65” (or “Prop. 65”), requires businesses to warn California residents before exposing them to specified chemicals. Due to its breadth and general terms, extensive regulations have been implemented to facilitate enforcement, as well as to reign in perceived abuses of the law by private  enforcers. Given the low bar for bringing an action, and steep potential penalties for violations, anyone in a real estate-related industry should be aware of these regulations, and recent changes thereto, to make sure they are in full compliance with Proposition 65’s mandates.

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