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Prop 65CaliforniaCookware

Does cookware need a Prop 65 warning?

Updated

Short answer

Only if it can cause an exposure above the safe harbor level.

Proposition 65 does not ban chemicals in cookware. It requires a clear and reasonable warning before a business knowingly exposes someone in California to a chemical on the Prop 65 list, unless the exposure is at or below the safe harbor level. For cookware the usual candidates are lead and cadmium in ceramic glazes, enamel and decorated rims, and PFOA in older nonstick coatings. Businesses with fewer than 10 employees are exempt.

What changes the answer

  • Listed chemicals. On the current OEHHA list, lead and lead compounds are listed for cancer and for developmental, female and male reproductive toxicity; cadmium for cancer and for developmental and male reproductive toxicity; PFOA for cancer and developmental toxicity; BPA for female reproductive and developmental toxicity.
  • Exposure, not content. The test is whether use of the product exposes the user above the no significant risk level (cancer) or maximum allowable dose level (reproductive harm). Lead in an exterior glaze that never touches food can still matter if it transfers to hands, so test the way the product is used.
  • Retailers. Under 27 CCR 25600.2 the manufacturer, importer or distributor is primarily responsible. A retailer is responsible mainly for its own brands, products it altered, or warnings it was given and failed to post.
  • Online sales. A product sold online to California buyers needs the warning on the product page, through a clearly marked "WARNING" link, or before checkout, in addition to the label (25602(b)).
  • Other California laws. California's cookware chemical disclosure law is separate from Prop 65 and has its own labeling rules for intentionally added chemicals.

What to do

  1. Have a lab test food contact and handled surfaces, especially glazes, enamels and decorations, for lead and cadmium release, and coatings for PFOA.
  2. Compare results with the safe harbor levels in 27 CCR 25705 and 25805, or a documented exposure assessment.
  3. If a warning is needed, use the safe harbor content in 27 CCR 25603 with the triangle symbol and at least one chemical name for each endpoint.
  4. A short-form label warning must name a chemical. Older short-form labels without one stay protected only for products manufactured and labeled before January 1, 2028.
  5. Send written notice and warning materials to your retailers under 25600.2, and renew it each year while the product is sold in California.
HTS lines for common cookware
  • 7323.93.00.45

    7323: Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel

    Of stainless steel / Cooking and kitchen ware / Cooking ware / Other

    Stainless steel cooking ware, other than bakeware.

    General rate
    2%
    Free or reduced under 17 programs
  • 7615.10.30.25

    7615: Table, kitchen or other household articles and parts thereof, of aluminum; pot scourers and scouring or polishing pads, gloves and the like, of aluminum; sanitary ware and parts thereof, of aluminum

    Cooking and kitchen ware / Enameled or glazed or containing nonstick interior finishes / Other

    Aluminum cookware with enameled, glazed or nonstick interior, not cast.

    General rate
    3.1%
    Free or reduced under 17 programs
  • 6912.00.48.10

    6912: Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china

    Tableware and kitchenware / Suitable for food or drink contact

    Ceramic kitchenware suitable for food or drink contact, other than porcelain or china.

    General rate
    9.8%
    Free or reduced under 17 programs

Next steps

Frequently asked questions

Can I add a Prop 65 warning to be safe?
Many businesses do, but over-warning has costs: it can hurt sales, and a warning that does not meet the safe harbor content rules may not protect you. Testing is the better basis for the decision.
What is the penalty for no warning?
OEHHA states penalties can be as high as $2,500 per violation per day. Private enforcers can sue after serving a 60-day notice.
Do PTFE nonstick pans need a warning?
PTFE itself is not what drives warnings. The question is whether the coating can expose users to a listed chemical such as PFOA above safe harbor levels, which needs testing of the actual product.

Sources

  1. Proposition 65 in Plain Language, California OEHHA
  2. Proposition 65 regulations, 27 CCR 25600 to 25607 (warnings), California OEHHA
  3. List of Proposition 65 chemicals, California OEHHA

This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.