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An Introduction to California Proposition 65

Written by Source Intelligence | Dec 13, 2022 11:08:48 PM

A complete guide to understanding and complying with California Prop 65

Download the e-book to get a clear, practical overview of California Proposition 65 and what it means for your business.

You’ll learn how Prop 65 defines chemical exposure, where risks typically emerge, and how warning obligations apply across products, workplaces, and residential settings. The e-book breaks down how OEHHA manages the chemical list, why new substances are added each year, and what companies must do to stay compliant and avoid costly penalties. You’ll also see how stronger chemical tracking and supplier transparency help teams protect consumers, reduce legal exposure, and streamline compliance work. For more insights, explore additional resources from Source Intelligence.

Introduction

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.

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.

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