Proposition 65 – California Dealer Compliance
Technical Service Bulletin SRV-SRB-18-031

Date:
To:
From:

Thursday, August 30, 2018
Dealer Principal, General Manager, Sales Manager, Service Manager, North American
Dealer Network – California Dealers
Richard Kenton, Technical Director
Matt Feinstein-Irish, Regulatory Compliance Manager

Situation:
Starting on August 30, 2018 changes made to the California Safe Drinking Water and Toxic
Enforcement Act of 1986 (also known as Proposition 65) will become effective.
Proposition 65 requires retail sellers to notify consumers in California prior to purchase about
chemicals in the products they purchase that can cause cancer and/or birth defects or other
reproductive harm when exposed to them.
Ducati motorcycles, parts, and accessories contain chemicals identified by California and the
Office of Environmental Health Hazard Assessment (OEHHA) to cause cancer and/or birth
defects or other reproductive harm and therefore can expose customers to such chemicals
including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the
state of California to cause cancer and/or birth defects or other reproductive harm.
Penalties for Non-Compliance:
Penalties for violating Proposition 65 by failing to provide exposure warning notices can be as
high as $2,500 per violation per day, per vehicle/product sold.
Failure to follow the directions of Ducati North America, Inc. to comply with Proposition 65
could result in claims by the State of California or consumer advocate attorneys against your
dealership, including demands to pay penalties (as stated above) as well as attorney fees and
other costs.
For more information regarding California’s Proposition 65 regulations and the consumer
exposure warning requirements, please visit the following websites and consult with your legal
counsel:
https://oehha.ca.gov/media/downloads/crnr/art6businessqa.pdf
https://www.p65warnings.ca.gov/fact-sheets/vehicle-passenger-and-highway-motor-vehicles

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Proposition 65 – California Dealer Compliance
Technical Service Bulletin SRV-SRB-18-031

Dealership Responsibilities and Instructions for Compliance:
In order to comply with the changes to Proposition 65 that are in effect starting on August 30,
2018, California Ducati dealerships will be required to do the following:
•

You are responsible for placing a Proposition 65 warning hangtag on the handlebars or
in another prominent location of each (new or used) Ducati motorcycle for sale to
consumers.

•

You are responsible for placing a Proposition 65 warning sticker on the inside of the
owner’s manual front cover of each (new or used) Ducati motorcycle for sale to
consumers.

•

Provide Proposition 65 consumer warnings prior to the time of retail sale of Ducati
Products. Depending on the type of Ducati Product, Ducati motorcycle or Ducati
Aftersales Product, the warning can be provided through labeling or packaging, point
of sale statements, and/or online statements.

You are responsible for providing the Proposition 65 warnings for Ducati motorcycles, parts,
gear, and accessories sold over the Internet or via catalog. The Proposition 65 warning must
be displayed prior to completing the purchase. (Examples shown on page 3.)
Ducati North America, Inc. will send each dealership in California an introductory quantity of
one hundred and twenty (120) Proposition 65 warning hangtags, owner’s manual stickers, and
parts and accessory labels to comply with the new Proposition 65 requirements.
If you do not receive the Proposition 65 warning hangtags, owner’s manual stickers, and parts
and accessory label shipment by September 7, 2018, please contact your Service Area
Manager.
Receipt of Proposition 65 warning hangtags, owner’s manual stickers, and parts and accessory
labels must be confirmed (electronically or in writing) by the dealership. When you receive
your shipment of Proposition 65 warning hangtags, owner’s manual stickers, and parts and
accessory labels, please provide e-mail confirmation back to Ducati North America Regulatory
Compliance Manager, Matt Feinstein-Irish, to matt.feinstein@ducati.com.
To ensure continued compliance with the law, you are required to maintain sufficient
Proposition 65 warning hangtags, owner’s manual stickers, and parts and accessory labels for
display on consumer products at your dealership at all times.
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Proposition 65 – California Dealer Compliance
Technical Service Bulletin SRV-SRB-18-031

To re-order additional quantities, free of charge, of Proposition 65 warning hangtags, owner’s
manual stickers, and parts and accessory labels please contact Ducati North America
Regulatory Compliance Manager, Matt Feinstein-Irish, using the below contact details:
matt.feinstein@ducati.com – (650) 933-9837
Ducati North America, Inc. and all California dealers will need to work together to meet
Proposition 65 requirements; however, Ducati North America, Inc. is not providing legal
advice or suggesting that California dealers should rely on this bulletin to assess their full
legal obligations under Proposition 65.
Proposition 65 also includes requirements for occupational and environmental exposure
warnings. California dealers may want to consult counsel or dealer associations for details and
to determine if the regulations may affect their business.
Proposition 65 Parts Label Example:

Proposition 65 Owner’s Manual Sticker*
Example:

Proposition 65 Hang Tag Example:

*Proposition 65 Owner’s Manual Stickers
should be placed on the inside front
cover of the Owner’s Manual. If you
have
questions
on
placement
requirements, please contact your
Service Area Manager.

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