A Complete Guide to Understanding and Complying with California Prop 65
California Proposition 65 is a state law that affects California businesses and companies operating in California. It applies to all products sold within the state, as well as residential and workplace areas. Complying with the law protects businesses from steep fines, expensive lawsuits, and potential reputational damage.
This e-book is a complete guide to understanding and complying with California Prop 65 requirements. It covers all aspects of Prop 65, including the chemical list, warning label requirements, safe harbor levels, and more. It will also provide an overview of how Source Intelligence’s Prop 65 solution simplifies Prop 65 compliance and helps companies reduce risk.
California Proposition 65 Basics
Defining Prop 65 and What It Means for Companies
Proposition 65—commonly referred to as Prop 65—is officially known as the Safe Drinking Water & Toxic Enforcement Act of 1986. It was introduced as a ballot initiative and enacted in November 1986. Under the act, companies are required to warn California citizens about potential exposure to chemicals known to cause cancer, birth defects, or other reproductive harm. Additionally, companies are prohibited from knowingly releasing harmful chemicals into any source of drinking water. The purpose of Prop 65 is to protect the public health of Californians and the environment by reducing exposure to harmful chemicals and educating individuals about the dangers of exposure.
Exposure to Prop 65 Chemicals
Chemicals in the scope of Prop 65 can be present in household or workplace products, as well as in products that release the chemicals into the environment. For products, exposure occurs when an item is used or consumed. For environments, exposure occurs in homes or rental housing units, workplaces, or public areas. Regardless of how the exposure occurs, businesses must warn individuals of the risk.
For example, if a landscaping business uses pesticides on the Prop 65 chemical list, it must notify both its employees and customers of the potential exposure and associated health impacts. Another example is a property owner providing pamphlets to residents of a rental housing unit if they may be exposed to one or more chemicals listed chemicals in the building itself or on the property grounds.
Prop 65 Administration
The California Office of Health Hazard Assessment (OEHHA), which is part of the California Environmental Protection Agency (CalEPA), administers Prop 65. The organization is responsible for identifying chemicals that require oversight, maintaining a list of said chemicals, and developing the warning requirements mandated by Prop 65.
Prop 65 Chemical List
All chemicals within the scope of Prop 65 are included in the Proposition 65 chemical list, which is managed and annually published by the California OEHHA. The list currently contains over 900 chemicals, with more added each year.
Chemicals listed under Prop 65 include both naturally occurring and synthetic chemicals that are present in food, drugs, consumer products, dyes, solvents, and pesticide additives or ingredients. Some of the chemicals are used in construction or manufacturing, while others are byproducts of chemical processes.
How Chemicals Are Added to the Prop 65 List
There are four pathways for chemicals to be added to the Prop 65 list:
1. State’s Qualified Experts (SQE)
Under Prop 65, two independent committees are designated as the “State’s Qualified Experts” for chemical evaluation: the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant Identification Committee (DARTIC). The committee members of each organization, consisting of scientific and health experts, are assigned by the governor. The committees meet at least once a year to review new chemicals proposed for placement onto the Prop 65 list.2. Labor Code (LC)
All compounds included in Labor Code section 6382(b)(1) and (d) are automatically added to the Prop 65 list. 6382(b)(1) includes cancer-causing chemicals identified by the World Health Organization’s Internal Agency for Research on Cancer (IARC).3. Formally Required to be Labeled (FR)
If the federal government or an agency of the state identifies a chemical that must be labeled as causing cancer, birth defects, or other reproductive harm, it is added to the Prop 65 list. This method primarily applies to prescription drugs.4. Authoritative Bodies (AB)
Organizations that are designated as “authoritative bodies” by either the CIC or DARTIC can add chemicals that are formally identified as causing cancer, birth defects, or other reproductive harm to the Prop 65 list. Current “authoritative bodies” include the following organizations:- U.S. Environmental Protection Agency (EPA)
- U.S. Food and Drug Administration (FDA)
- National Institute for Occupational Safety and Health
- National Toxicological Program of the U.S. Department of Health and Human Services
- IARC
Prop 65 Warning Label Requirements
Prop 65 requires California businesses or companies conducting business in California to provide a “clear and reasonable” warning before knowingly and intentionally exposing individuals to any chemicals on the Prop 65 list. This constitutes different approaches based on the exposure method. For example, the warning could be a label on product packaging, a flyer distributed in an apartment complex, or a sign posted in a workplace.
Regardless of the type of warning, its purpose is to indicate that the business providing the warning is aware of exposure or believes it is exposing Californians to a listed chemical. This helps individuals make informed decisions about the products they buy and the environments to which they expose themselves.
To ensure that Prop 65 warning labels for consumer products are, as required by the law, clear and reasonable, OEHHA dictates specific visual and language requirements for the labels. The requirements for a Prop 65 warning include:
Listed Chemicals
The full name of the Prop 65 chemical and its associated hazard must be listed. If multiple Prop 65 chemicals are present, at least one compound must be listed for each hazard category: carcinogen, reproductive toxin, and birth defects.
Resource Information
The label must include the URL to OEHHA’s Prop 65 warnings website (www.p65warnings.ca.gov), which allows consumers to access additional information about the listed chemicals.
Type Size
The warning label text must be the same size as other consumer information on the product’s packaging, with 6-point type being the minimum size.
Warning Symbol
The design of the warning symbol must be an exclamation mark centered inside a yellow triangle with the word “WARNING” in capital letters and bold font. The text should be the same size font as the warning symbol.
Simplified Warning Label Option
Companies are permitted to use a simplified label on product packaging when space is limited. Simplified labels require the “WARNING” symbol, a statement about the hazard associated with the chemical, and the URL to the Prop 65 warnings website.
Continue exploring Prop 65 compliance
You’ve just learned the basics of California Proposition 65 and its warning label requirements for products. Next, the e-book covers safe harbor levels, key exemptions, enforcement trends, and penalties. It also explains how Source Intelligence’s Prop 65 solution automates BOM analysis and supplier engagement.
Read the complete e-book to deepen your knowledge of Prop 65 compliance.