What is Proposition 65?
Proposition 65, also known as Prop 65 is a California law intended to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects and/or other reproductive harm as well as inform citizens about exposures to such chemicals. Proposition 65 became law in November 1986, when California voters approved it by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986.
What is required to comply with Proposition 65?
This law impacts any company who may expose California citizens to a product that contains a cancer-causing substance from a Prop 65 chemical list and the content level is above what is known as the “safe harbor level” as per Article 6 of the California Code. If a manufactured product exposes an individual to a Prop 65 listed substance, the primary responsibility lies with the manufacturer to apply the correct warning label requirements to the product packaging.
Label Content: What must the label state?
Recently there have been some key changes associated with Article 6, strictly to the label. The new Article 6 amendment giving changes to the label requirements will take effect on August 30, 2018 and will include the following updates:
There are two label options to choose from. The “Standard Warning Label” and the “Short Form Warning Label”. Either one is acceptable and can be used independently.
1. Standard Warning Label: The changes (effective 8/30/18) to the label content are:
- The warning message must specify on the label the name of at least one chemical listed within Proposition 65 that is above the safe harbor level and is known to cause cancer, or birth defects or other reproductive harm.
- To obtain a list of those chemicals that may be included in the materials you purchase from Value Vinyls, please go to this link: LINK to request the chemical information for your specific products.
- Inclusion of www.P65Warnings.ca.gov must be on the label as shown below.
- A pictogram: To increase the visibility of the warning label as shown with the yellow triangle.
- Here’s an example of a Standard Warning Label
2. Short Form Warning Label: This label can be use in place of the Standard Warning Label.
- The inclusion of P65Warnings.ca.gov must be on the label as shown below.
- Here’s an example of a Short Form Warning Label
Note: A yellow triangle pictogram must be included on either label to increase the visibility of the warning label. You can download different sizes here.
What is the liability for not complying with Proposition 65?
- Liability for not complying with Proposition 65 can result in violation to equal up to $2,500 per day, per
- Prosecution can be generated by a private party, civil suit, from the District Attorney or the Attorney
Are there exceptions to Proposition 65?
If the final product will be in a public independent facility with 10 employees or less, they are not subject to violations in the case the products don’t comply with Proposition 65.
Is Proposition 65 affiliated with the Federal Standard H.R. 4040 regarding the CPSIA of 2009?
No, they are separate, whereas the Federal Standard is in relationship to products in contact with children 12 years of age or less, Proposition 65 is the act of properly labeling your products with adequate warning labels for the “Public Right to Know”.
Important website links
The following information pertains to potential chemicals that are “known” by the State of California to cause cancer, reproductive harm, or birth defects. While reliable, this information is provided on a “right to know” basis and is intended to be used as an informational source for your benefit. This information is provided only as a convenience, and it is the responsibility of the purchaser to ensure the final product being provided complies with Proposition 65. Information included in this document is not legal guidance and holds no liability against Value Vinyls, Inc.