California Proposition 65 Warning for Food Trucks

Proposition 65 chemical exposure warnings required for food trucks in California, covering acrylamide from grilled/fried foods, lead in certain ingredients, and other listed chemicals produced during cooking.

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What this document covers

Proposition 65 requires businesses operating in California to provide clear and reasonable warnings before knowingly exposing individuals to chemicals on the state's list of carcinogens and reproductive toxins. Food trucks are subject to Prop 65 because common cooking processes produce listed chemicals — acrylamide forms when starchy foods are fried or grilled at high temperatures, heterocyclic amines and polycyclic aromatic hydrocarbons form during grilling and charring of meat, and certain ingredients may contain lead or other listed substances. The practical reality is that virtually every food truck that grills, fries, or chars food must post a Prop 65 warning. Enforcement is aggressive — private plaintiffs (often called 'bounty hunters') file thousands of lawsuits annually, and food trucks are increasingly targeted. Proper warnings using OEHHA's safe harbor language and format are your primary defense.

Key sections included

Applicable Prop 65 chemicals in food truck operations
Safe harbor warning language and format
Warning placement on food truck (point of sale)
Acrylamide warning requirements for fried/grilled foods
Grilled/charred meat chemical disclosures
Menu board and website warning placement
Employee training on Prop 65 customer inquiries
Record-keeping for compliance defense

Frequently asked questions

Does every food truck in California need a Prop 65 warning?

If you fry, grill, roast, or bake food — virtually certain yes. Acrylamide (a Prop 65 listed chemical) forms in starchy foods cooked at high temperatures, and heterocyclic amines form when meat is grilled. Even salad-only vendors may have exposure through ingredients. The safest approach is to post the warning.

Where exactly should I put the Prop 65 warning on my truck?

Place it at the point of sale — visible to customers before they order. This means on or near the order window, on the menu board, and ideally on the exterior of the truck where customers queue. Use the OEHHA safe harbor format with the yellow triangle symbol. A sticker or permanent sign works fine.

What if I get a 60-day notice of violation?

Take it seriously — this is a pre-lawsuit demand from a private enforcer. You have 60 days to cure the violation (post proper warnings). If you cure within 60 days and had fewer than 25 employees, you may avoid penalties. Consult an attorney experienced in Prop 65 immediately. Do not ignore the notice.

Document details

State: California
Legal basis: California Health & Safety Code §§25249.5–25249.13 (Safe Drinking Water and Toxic Enforcement Act of 1986 / Proposition 65); 27 CCR §§25600–25607.2 (food and restaurant warnings)
Enforced by: California Office of Environmental Health Hazard Assessment (OEHHA); California Attorney General; private enforcers (bounty hunters)
Penalty for absence: Civil penalties up to $2,500 per violation per day of exposure. Private plaintiff attorneys' fees (often $50,000–$150,000 in settlements). No cap on cumulative penalties. Most food truck operators settle Prop 65 lawsuits for $15,000–$50,000 rather than litigate. California Attorney General enforcement for willful violations.
Category: Health & Safety

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