Save yourself from a frivolous lawsuit and include the Prop 65 language on your shellfish tags.
Cadmium is naturally occurring in many oysters and is "known by the state of California to cause cancer." We could argue the point strenuously, but better safe than sorry. It is easy to include the warning on your tags and it could save you a lot of heartburn.
If you have product that ends up in California (even after going through a few steps in the distribution chain) and it is not labeled properly, you can be sued. Here is the text from the law:
Section 25249.7 provides for a civil penalty not to exceed $2,500 per day for each violation.
Here is the note from Margaret Pilaro at the Pacific Coast Shellfish Growers Association.
Earlier this month, at PCSGA’s AGM, Megan Terrell of Plauche and Carr provided some important information on California’s Prop 65.
At first glance this may not seem to apply to most of you. HOWEVER, I’d ask you to take a second look.
If you ship product directly to CA, this is something of which you need to be aware.
If there’s the slightest chance your product ends up in CA, (i.e. after being sold to a wholesaler/dealer) this is something of which you need to be aware.
The upshot is that Prop 65 requires special labeling for products that may contain substances, (even those that are naturally occurring such as cadmium in oysters).
There are private organizations bringing forth legal actions for those that don’t comply with Prop 65. If you’re uninformed or chose to not act, it may impact you financially.
Blue Trace's products have been updated to make Prop 65 warning an easy option. As regulations change, we will continue to update our software to help you comply. No throwing out tags because the regulators made a slight wording change.