IN THIS SECTION

California Safe Drinking Water & Toxic Enforcement Act (Proposition 65)

What is Proposition 65?


Any manufacturer, wholesaler, or retailer whose products are manufactured, sold, used or consumed in the state of California may be subject to the standards defined in the state law commonly referred to as Proposition 65 (or Prop 65).

Proposition 65 is a California voter initiative passed in 1986 requiring the Governor to publish a list of chemicals known to the State of California to cause cancer, birth defects and other reproductive harm. The list of "Prop 65 Chemicals" currently contains over 700 chemical entries and is updated quarterly. If you make, import, sell and/or otherwise distribute a product containing any of these 700+ substances, you may be risking significant financial penalties. Statutory civil penalties (for actual or threatened violation) include: (i) issuance of an injunction; (ii) enjoining the sale of the offending product in California; and (iii) monetary penalties of up to $2,500 per day per violation.

In order to remain compliant with this state law, the NMMA encourages all parties to familiarize themselves with the specific requirements of this law and adhere to the guidelines.

Proposition 65 applies to


Businesses with ten or more employees (including out-of-state businesses) that:

  1. Place any product in California commerce that contains any amount of a listed chemical
    • Manufacturers, distributors and retailers of products used in California, regardless of where manufactured or sold (with knowledge the product will be used in California).
  2. Manufacture a product or provide a service in California using any listed chemical
  3. Manufacture a product or provide a service in California that creates any emission that contains a listed chemical.

Proposition 65 requires that


"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."

To comply with Proposition 65


  1. Determine whether any of your products or raw materials contain, or release to the environment, any of the 700+ substances that constitute Prop 65 Chemicals.
    • The list must be checked quarterly to identify additions and deletions.
    • Copies of the list can be obtained from the California Office of Environmental Health Hazard Assessment (OEHHA) via their website or by phone. Contact information is listed at the end of this section.
  2. If your products or raw materials contain or release to the environment any of the 700+ substances that constitute Prop 65 Chemicals, determine if the exposure poses a significant risk.

    "No Significant Risk" Levels

    • For Carcinogens: the "no significant risk" level is calculated to result in no more than one excess case of cancer in 100,000 individuals exposed over a 70-year life-time.
    • For Reproductive Toxicants: the "no significant risk" level for listed reproductive toxicants is the "no observable risk level" divided by 1000.
    • "No significant risk" levels are available on the California OEHHA web site for most of the Prop 65 Chemicals.
  3. If you determine that your products or raw materials fall within the 'no significant risk' level guidelines, you may file for a "no significant risk determination" with OEHHA. Note: this must be done on a product by product, case by case basis.

If your products or raw materials contain or release any of the 700+ Prop 65 Chemicals to the environment and you choose not to seek a 'no significant risk' determination from OEHHA, you can either:

  1. Reformulate your products or raw materials so that they no longer contain or release a listed substance.
  2. Label your product to warn purchasers that it contains a listed substance.
  3. Provide reasonable notice to others who may be exposed to any of the 700+ substances that you may be releasing to the environment.

Warning Labels


If you determine that a product should include a warning label, the wording should be based on the "Type of Toxicity" using one of the following warnings:

Cancer

"WARNING: This product contains a chemical known to the State of California to cause cancer."

Developmental, Female or Male

"WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm."

Cancer & Any of the Reproductive Areas

"WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm."

Source of Information on Proposition 65

For additional or specific information about Proposition 65 (The California Safe Drinking Water & Toxic Enforcement Act), contact the California Office of Environmental Health Hazard Assessment directly for questions and information at: 916.445.6900 or www.oehha.ca.gov/prop65.html.

NOTE: The above disclosure is for informational purposes only and is not intended as legal advice. Persons reviewing this disclosure are advised to review Proposition 65 and consult with their own advisers as to how Proposition 65 relates to their business and products.