Prop 65

POP65 (CALIFORNIA PROPOSITION 65)

The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as California Proposition 65 or Prop 65, is a consumer right-to-know law enacted in the state of California. The regulation was formulated to protect California's drinking water sources from contamination with chemicals that are carcinogenic or cause birth defects and other reproductive harm. This regulation requires businesses to inform the public about toxic chemicals present in their consumer products and in the environment and of exposure to these chemicals. The Office of Environmental Health Hazard Assessment (OEHHA) oversees Prop 65. The regulation is in turn enforced by the California Office of the Attorney General.

The regulation requires the State of California to maintain a list of toxic chemicals, which must be updated annually. This list, since it was first published in 1987, has now grown to include approximately 900 chemicals, which are both naturally occurring and synthetic and include additives or ingredients in common household products, pesticides, food, drugs, solvents, and dyes, all of which are known to cause cancer, birth defects, and other reproductive harm. This comprehensive list also includes chemicals that are used in manufacturing and construction or are present in the byproducts of chemical processes that are released into the environment, such as motor vehicle exhaust. If a product (foods and supplements included) is sold in California and contains one or more of the chemicals listed, the level of which is above the Safe Harbor Level, the business is required to add a warning label on the product in order to notify its customers about the presence of the chemical.

WHY IS PROPOSITION 65 IMPORTANT?

• • This regulation empowers the consumers of the products to make informed decisions about their exposures to potentially toxic chemicals.
• • Ensures the safety of the people and environment by prohibiting businesses from knowingly discharging significant amounts of listed chemicals through effluents into sources of drinking water.
• • Failure to comply with the regulation can result in a business being issued a 60-day notice of non-compliance or a Notice of Violation and the business can then be taken to court if no settlement is reached. Settlement fees are hefty and can cost companies up to several hundred thousand dollars.

SERVICES PROVIDED

Our expert team is equipped to help businesses determine whether their products are Prop 65 complaint and identify if any of the listed toxic chemicals are present in their products. The services provided by us include:

• • Help in assessing the products to determine if they are Prop 65 compliant.
• • Identification of warning label requirements.
• • Analysis of products via chemical testing and screening.
• • Analysis of components of the products and ensuring that they are Prop 65 compliant.
• • Certification for Prop 65 compliance.
• • Assessing for any areas of risk for Prop 65 substances and providing strategies for compliance.
• • In the absence of OEHHA Safe Harbor Levels, assistance in deriving “No Significant Risk Levels (NSRLs)” and “Maximum Allowable Dose Levels (MADLs)” for chemicals used in the products.
• • Assistance in procuring Safe Use Determinations for the product from OEHHA.

We closely follow the latest developments in Prop 65 with regard to compliance and settlements and are adept at providing businesses with invaluable assistance and advice on strategies for maintaining Prop 65 compliance.