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What is
Proposition 65?
Proposition 65: Safe Drinking Water Act of 1986
Chemicals List - Mar 2011
Safe Harbor Levels
- Nov 2010
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
(although chemicals are now being listed throughout the year).
The current list is 21 pages long and includes approximately 800
chemicals.
Recently listed chemicals include:
|
Chemical name: |
CAS number: |
Date listed: |
|
MON 4660 (dichloroacetyl-1-oxa-4-azaspiro(4,5)-decane) |
71526-07-3 |
Mar 22, 2011 |
|
MON 13900 (furilazole) |
121776-33-8 |
Mar 22, 2011 |
|
Pymetrozine |
123312-89-0 |
Mar 22, 2011 |
|
Acrylamide |
79-06-1 |
Feb 25, 2011 |
S,S,S-Tributyl phosphorotrithioate
(Tribufos, DEF) |
78-48-8 |
Feb 25, 2011 |
|
4-Methylimidazole |
822-36-6 |
Jan 7, 2011 |
|
Metam potassium |
137-41-7 |
Dec 31, 2010 |
|
Avermectin B1 (Abamectin) |
71751-41-2 |
Dec 3, 2010 |
|
Methyl isocyanate (MIC) |
624-83-9 |
Nov 12, 2010 |
|
1,3-Dichloro-2-propanol (1,3-DCP) |
96-23-1 |
Oct 8, 2010 |
|
3-Monochloropropane-1,2-diol (3-MCPD) |
96-24-2 |
Oct 8, 2010 |
|
Spirodiclofen |
148477-71-8 |
Oct 8, 2010 |
|
N, N-Dimethylacetamide |
127-19-5 |
May 21, 2010 |
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.
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This summary of
Proposition 65 is designed to
provide you with an accurate, easy-to-understand overview of the
topic. However: |
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We have not attempted to cover the
implementation issues that need to be addressed at your
company or in your supply chain. For this type of assistance,
please
email
or
call us at 972-679-8996 to inquire about our services. |
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This summary
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. |
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2011 -- All Rights Reserved
RSJ
Technical Consulting
PO Box 867705, Plano, Texas 75086 |
