These regulations are mandatory for companies based in or doing business in California. Companies must provide a “clear and reasonable” warning prior to knowingly and intentionally exposing people to a Prop 65 listed chemical. Once a chemical is added to the Prop 65 list, businesses must adhere to the warning requirements by the end of a 12-month period.
Under Prop 65, businesses are also prevented from knowingly contaminating drinking water sources with Prop 65 chemicals. Businesses have 20 months to comply with the law once a chemical has been added to the Prop 65 list.
Government agencies and companies with less than 10 employees are exempt from this act.
Businesses are also exempt if the Prop 65 chemical exposure is proven to be so low as to create no significant health risk. No significant risk levels and safe harbor levels established by the OEHHA (California Office of Environmental Health Hazard Assessment) help to determine this exemption. These levels differ according to health hazard (cancer vs. reproductive harm) and per individual chemical.
For more information, see the “No Significant Risk Levels & Maximum Allowable Dose Levels”