What Is Proposition 65?

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Now called Proposition 65) is aimed to protect products and drinking water from toxic chemicals and to inform its citizens of exposure to these chemicals. Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. As an additional requirement the state must maintain a list of all known chemicals that may cause cancer or reproductive toxicity (OEHHA Updated List).

Proposition 65 Compliance Applies To

Alcoholic Beverages

Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects.

Diesel Engine Exhaust

Breathing diesel engine exhaust exposes you to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

Food

Certain foods and beverages sold or served can expose you to chemicals including acrylamide in many fried or baked foods, and mercury in fish, which are known to the State of California to cause cancer and birth defects or other reproductive harm.

Furniture Products

Some furniture products can expose you to chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm.

Vehicles (Passenger and Off-Highway)

Operating, servicing and maintaining a passenger vehicle or off-highway motor vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm

Recreational Vessels

Operating, servicing and maintaining a recreational marine vessel can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm.

Wood Dust

Drilling, sawing, sanding or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer.

And More...

Are Consumers Products with Prop 65 Warnings Safe?

Proposition 65 warnings are intended to inform consumers of any exposure to reproductive toxins or carcinogens that exceed regulatory expectations.

“By law, a warning must be given for listed chemicals unless the exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.” – OEHHA

A carcinogen warning label is Not Required if the business/manufacturer is able to demonstrate that exposure results in no more than 1 case of cancer in 100,000 individuals exposed over a 70-year lifetime. Proposition 65 motivates manufacturers to eliminate or reduce any toxic chemicals in their consumer products. A consumer may seek additional information about the levels of exposure from the business/manufacturer.

For more information, see the “No Significant Risk Levels & Maximum Allowable Dose Levels”

What is the Penalty for Non-Compliance?

The penalty for businesses violating Proposition 65 by failing to provide notices for their products can be as high as $2,500 per violation per day.

How Can I Ensure Compliance?

Proposition 65 Compliance is an essential part of the regulatory process for any business selling their products in the State of California. The most important aspect of Proposition 65 compliance is to inform citizens about exposures to hazardous chemicals. Any product containing a chemical that is known to the State of California to be harmful must bear a Proposition 65 Warning. The Office of Environmental Health Hazard Assessment (OEHHA) maintains a list of chemicals known to be harmful.  The list is subject to change as chemicals are added or removed when findings are published.

Nexreg’s Proposition 65 Compliance service provides your company with expert regulatory interpretation and the most up-to-date guidance for your chemical products. Nexreg’s experienced team ensures all Proposition 65 labeling and SDS requirements are being fulfilled so that your business can avoid violations.