Sixty-Day Notice of Violation (60-Day Notice)

A 60-Day Notice of Violation is the formal notice that a private enforcer must provide before filing a Proposition 65 enforcement action in court. Under Health & Safety Code §25249.7(d), the notice must: (1) be provided to the alleged violator, the California AG, and the applicable district or city attorney; (2) specify the alleged violation (what chemical, what product or exposure, what provision of law is violated); (3) include a Certificate of Merit; and (4) include factual information supporting the certificate of merit (provided to the AG). The 60-day period allows: government enforcers to initiate action (preempting the private suit); and the alleged violator to take corrective action, investigate the claim, and negotiate a resolution.

California Health & Safety Code §25249.7(d); Title 11 CCR §3100 et seq. (AG regulations on 60-day notice).

Receipt of a 60-Day Notice of Violation is the primary trigger for Proposition 65 enforcement response. Businesses should immediately upon receipt: (1) engage qualified legal counsel with Proposition 65 expertise; (2) preserve all relevant product testing and warning compliance records; (3) assess the validity of the alleged violation; (4) determine whether corrective action (warning implementation or reformulation) is feasible within the 60-day period; and (5) consider whether the AG may file suit preempting the private enforcer. Acting promptly within the 60-day window maximises settlement leverage and minimises liability.