California Proposition (CAL Prop) 65

Definition

“Proposition 65 (formally titled "The Safe Drinking Water and Toxic Enforcement Act of

1986") is a California law passed by direct voter initiative in 1986 by a 63%-37% vote. Its goals 

are to protect drinking water sources from toxic substances that cause cancer and birth 

defects and to reduce or eliminate exposures to those chemicals generally, for example in 

consumer products, by requiring warnings in advance of those exposures.” (Source: Wikipedia)

• Right to know law

• It is a product labeling law

• It requires businesses to notify about the chemicals in their products or chemicals they release into the environment

What is California Proposition 65

• It is not a law to prohibit products sold

• It is not a law that declares a product as safe or unsafe

• It is not a personal injury law

What it is NOT

• Originated in California

• In California, a ballot proposition can be submitted to the electorate for approval in a direct vote or referendum

• After approval it becomes a law

• In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals.

• The initiative was known as Safe Drinking Water and Toxic Enforcement Act of 1986

• The law can only be enforced in the state of California

Why is it Named California Prop 65?

In Legal Terms

25249.5. Prohibition  On  Contaminating  Drinking  Water  With  Chemicals Known to Cause Cancer or Reproductive Toxicity.

No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water, notwithstanding any other provision or authorization of law except as provided in Section 25249.9.

25249.6. Required Warning  Before  Exposure  To  Chemicals  Known  to  Cause Cancer Or Reproductive Toxicity.

No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10.

Proposition 65 Process

• Proposition 65 requires the state to publish a list of chemicals to cause cancer or birth defects or other reproductive harm

• The list now has around 800 chemicals

• If a product contains one or more of the listed chemicals on the list, then businesses need to notify customers about their presence

• Prop 65 enables Californians to make informed decisions about protecting themselves from exposure to harmful chemicals

Chemicals List

• Chemicals in the list are either synthetic or naturally occurring

• Listed chemicals can either be a present ingredient in the product or by product of chemical processes

• Example : Acrylamide formed due to roasting of coffee Chemicals emitted by motor vehicle exhaust

• Chemicals are added to the listed by a committee of experts directly appointed by the governor

Example of Notice

California Proposition

Image Source:http://snopes.com/www.compliancesigns.com

Safe Exposure Levels

• For carcinogens a label is not required if exposure is below “no significant risk level” (NSRL) or “no observable effect level” (NOEL)

• NSRL is defined as exposure that would result in not more than one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime exposure

• NOEL is defined as 1/1000 of a level that has been shown not to pose any harm to humans or laboratory animals

• Exposure can also be in form of hand to mouth, ingestion or dermal• Example:

Phthalates can leach from traditional plastics to food whenever plastic is heated. The food, contaminated with phthalates goes into our body through ingestion or dermal contact

Enforcing Prop 65

Who can enforce

• Attorney general’s office

• Any individual (citizen) acting in public interest can enforce the law by filing a lawsuit against the businesses violating the law

• Private person has to be harmed in some way eg: monetary harm

• A 60 day notice of violation is sent before filing a law suit

Manufacturers and Prop 65

• Phthalate and SVOC testing can be useful for quality control programs

• Testing protocols can be setup for estimating the decay in the emissions of chemicals over long time periods that are of interest with respect to cancer effects and other chronic exposure issues

• Manufacturers can limit liability by monitoring the content of listed chemicals in the components they are purchasing

• Qualified toxicology professionals can develop risk assessments needed to determine if Prop 65 labeling is required and to defend against Prop 65 lawsuits

About Berkeley Analytical

• Berkeley Analytical is a California-based independent laboratory

• We are well informed regarding Proposition 65 issues

• We track Prop 65 related legal activities being filed with the State Attorney General

• Our analytical testing services can be used to address Prop 65 issues in building products and furniture industries

• Website: http://www.berkeleyanalytical.com

• Phone:  510-236-2325

• Toll free: 1-888-455-0999

• Fax: 510-236-2335

• Address:  815 Harbour Way South, Suite 6, Richmond, CA 94804-3614

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