What is Proposition 65?

Proposition 65: Safe Drinking Water Act of 1986
Chemicals List - Apr 2010
Safe Harbor Levels - Feb 2009
Clear & Reasonable Warnings

Approved by California voters during the 1986 general election, Proposition 65 is formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Key provisions of the Act are summarized below:

A list of chemicals known to cause cancer or reproductive toxicity must be published annually by the governor of California. Currently, the list is 18 pages long and includes approximately 775 chemicals, which are listed alphabetically by chemical name, CAS number, date of listing (or delisting), and toxicity type.

Businesses are prohibited from discharging listed chemicals into water (or onto land where it is likely to pass into the drinking water).

Businesses are required to provide warnings to individuals who are exposed to listed chemicals in the course of their business. The required warning is general and need not even specify the name of the chemical: "WARNING: This product (or area) contains a chemical known to the State of California to cause cancer or birth defects or other reproductive harm."

Since the legislation is targeted at all California businesses, the scope is much broader than product safety legislation such as RoHS, REACH or CPSIA (which is targeted to manufacturers and importers). Building owners, retail establishments and workplaces are liable for environmental exposure to listed chemicals in the ambient air, indoor air, drinking water, standing water, running water, soil, vegetation, manmade substances or natural substances. Typically excluded products such as food, restaurant meals, alcoholic beverages and prescription drugs are included.

Safe harbor levels are calculated in terms of daily intake levels through inhalation, ingestion or skin contact. Unlike RoHS, there are no maximum concentration levels below which a listed chemical may safely occur in a product. It is the amount of human exposure to the chemical, not the amount of the chemical in the product itself, that is controlling.

Proposition 65 is enforced by lawsuits filed against businesses. Although the California attorney general has primary responsibility, lawsuits have been filed by district attorneys, city attorneys, consumer advocacy groups, and private citizens/law firms. Penalties for failing to provide the required warnings can be as high as $2,500 per violation per day.

This summary is intended to give you an easy-to-understand overview and does not constitute legal advice. The actual standard in the original language should be reviewed and used for all business, legal, and product compliance purposes.

Should you need assistance in assessing how California environmental regulations will affect your manufacturing company, we stand ready to help you. Just email us or give us a call at 972-679-8996 for a timely and personalized response.

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