Calfornia Proposition 65 Policy
Background
Proposal 65 (officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986) was enacted through a ballot initiative in November 1986. It aimed to protect California's drinking water sources from chemical pollutants that could cause cancer, birth defects, or other reproductive harm. The proposal required businesses to inform the people of California about the exposure to such chemicals, commonly known as Proposition 65. It mandated California to maintain and update a list of chemicals known to cause cancer or reproductive toxicity.
Applicable Region
United States of America (U.S.A.)
About Calfornia Proposition 65
Proposition 65 requires businesses to issue warnings to the people of California, informing them that exposure to certain chemicals found in products they purchase, use at home, encounter in the workplace, or encounter in the environment may cause cancer, birth defects, or other reproductive harm. By mandating the provision of this information, Proposition 65 enables the people of California to make informed decisions about whether to be exposed to such chemicals.
Proposition 65 prohibits California businesses from discharging significant amounts of the listed chemicals into drinking water.
Since its release in 1987, the list of chemical substances has been updated at least once a year, and it has now grown to approximately 900 chemical substances.
Understanding California's Proposition 65
What types of chemicals are listed in Proposition 65? The list includes a variety of natural and synthetic chemical substances, including additives and ingredients found in pesticides, common household products, food, pharmaceuticals, dyes, or solvents. The listed chemicals may also be used in manufacturing and construction or could be byproducts of chemical processes, such as exhaust emissions from automobiles and machinery.
How to add chemical substances to the list: https://oehha.ca.gov/proposition-65/how-chemicals-are-added-proposition-65-list
What does 'warning' mean?
If a warning is provided on a product label or posted in workplaces, businesses, or rental properties, it signifies that the entity has fulfilled its responsibility to warn individuals of potential exposure to the listed chemicals.
By law, a warning must be provided for listed chemicals unless exposure is proven to be below levels that would pose a significant risk of cancer, birth defects, or other reproductive harm.
Understanding how companies comply with Proposition 65 https://oehha.ca.gov/proposition-65/businesses-and-proposition-65
Who manages Proposition 65? The California Office of Environmental Health Hazard Assessment (OEHHA) manages the Proposition 65 program. OEHHA is part of the California Environmental Protection Agency (CalEPA), and it ensures compliance with the requirements of the Proposition 65 list for chemicals. It also oversees regulations concerning warning notifications and other aspects of Proposition 65.
Who implements Proposition 65? The California Attorney General's Office enforces Proposition 65. Any district attorney or city attorney (for cities with populations exceeding 750,000) can also enforce Proposition 65. Additionally, any individual acting in the public interest can bring lawsuits against businesses for violations of Proposition 65. Both the Attorney General's Office and local prosecutors, consumer protection organizations, as well as private citizens and law firms, have the authority to bring Proposition 65 lawsuits.
What are the penalties of violating Proposition 65? If relevant entities fail to provide a warning or product notice, violating Proposition 65, the maximum fine for each violation can reach up to $2,500 per day.
Proposition 65 Safe Use Determination (SUD) The Safe Use Determination (SUD) is a written statement issued by OEHHA upon request from businesses or trade organizations. This statement applies Proposition 65 and its implementing regulations to a specific existing situation. OEHHA determines whether the exposure or emissions of listed chemicals resulting from specific commercial activities or product uses require compliance with warning requirements or even prohibition of emissions. SUD determinations ascertain whether emission levels or exposure levels are equal to or below safe harbor values. The regulations for SUD requests can be found in California Code of Regulations, Title 27, Section 25204.
Presentation Document: Requirements for Determining Safe Use - Basic Elements https://oehha.ca.gov/media/downloads/faqs/p65sudpresentation.pdf
Safe Use Determination (SUD) Process https://oehha.ca.gov/proposition-65/proposition-65-safe-use-determination-sud-process
Proposition 65 - No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs) For many chemicals listed in Proposition 65, safe harbor levels have been established, including No Significant Risk Levels (NSRLs) for carcinogens and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity. Drinking water sources that fall below these safe harbor standards are not subject to Proposition 65 requirements. In some cases, enforcement actions result in negotiated exposure levels as part of settlement agreements.
Related Topics
International Regulations > RoHS International Regulations > REACH
Reference：
OEHHA Official Website - Proposition 65 Proposition 65 List of Hazardous Chemicals