Many readers have recently spotted concerning warnings on products purchased online, indicating risks of cancer and birth defects. These alarming labels reference something known as “Prop 65.” So, what exactly is it? Should there be any cause for concern?
Let’s explore Prop 65 in detail with VIS!
What is Prop 65?
Prop 65, formally called the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law in California that was established through a voter initiative over thirty years ago. This legislation emerged in response to the discovery of harmful pollutants in California’s water supply. According to the California Office of Environmental Health Hazard Assessment (OEHHA), Prop 65 mandates businesses to inform Californians about significant exposures to chemicals linked to cancer, birth defects, or other reproductive issues.
Its scope now goes well beyond just drinking water. The term “businesses” encompasses anyone selling items that may expose individuals to levels of certain chemicals that exceed established “safe harbor” limits; California updates this list annually. When warning requirements were implemented in 1988, the list contained 235 chemicals, as reported by the Los Angeles Times. Today, this list has expanded to approximately 900 toxins and carcinogens. If a product sold in California contains any of these 900 substances, it must carry a Prop 65 warning label.
While federal organizations like the Food and Drug Administration and the Environmental Protection Agency set safe consumption levels for chemicals, Prop 65 often imposes stricter standards and may establish different limits compared to those outlined by the EPA.
Businesses need to provide warnings within one year after a new chemical is added to the Prop 65 list. For the release of listed chemicals into drinking water, they have 20 months to comply after a new chemical is listed.
Prop 65 Safe Harbor Levels
Safe harbor levels refer to acceptable amounts of listed chemicals that can be in products or drinking water without requiring a label. Currently, there are over 300 chemicals with established safe harbor levels, and OEHHA continues to create more.
These levels help businesses understand their obligations under Prop 65. They fall into two categories: No Significant Risk Levels for cancer-causing chemicals, and Maximum Allowable Dose Levels for chemicals linked to birth defects or reproductive issues. If exposure to a chemical is at or below these levels, businesses are not required to provide warnings.
Companies should assess their operations and chemical usage against the Prop 65 list to see if they might expose Californians to any listed chemicals. If exposure exceeds safe harbor levels, they must issue a warning. The same rule applies to drinking water; if exposure is too high, they cannot discharge those chemicals into it.
Proposition 65 Exemptions
Businesses with fewer than 10 employees and government agencies are exempt from Prop 65 requirements. Additionally, businesses are exempt if the levels of listed chemicals in their products do not significantly raise the risk of cancer, birth defects, or reproductive harm.
Prop 65 Enforcement & Violation Penalties
Enforcement actions can be taken against those who violate Prop 65, leading to penalties.
Prop 65 is enforced by the California Attorney General’s Office. District attorneys or city attorneys can also enforce it in cities with populations over 750,000. Moreover, private citizens have the right to file lawsuits against businesses they believe are violating the law.
Businesses that breach Prop 65 may face penalties of up to $2,500 for each violation, per day.
If you need any further information about Prop 65, please contact VIS for the best advice and support!
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