California Proposition 65: What You Need to Know to Comply
If you’re a business in California or shipping consumer products to the state, you’re likely aware of Proposition 65, an initiative officially known as the "Safe Drinking Water and Toxic Enforcement Act” that went into effect decades ago, in 1986.
The law requires California to publish a list of chemicals known to cause cancer or reproductive toxicity, and for businesses with 10 or more employees to provide warnings when they knowingly and intentionally cause significant exposures to listed chemicals.
The list currently contains more than 850 chemicals, ranging from naturally occurring to synthetic chemicals (including additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents). Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, like motor vehicle exhaust.
Need to Know
Proposition 65 has been amended to impose stricter requirements that will take effect August 30, 2018 for all products manufactured after that date. Penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.
Proposition 65 Requirements
One of the most significant changes, according to CA.gov, is that warnings are now required to be more explicit – fully identifying the chemical and providing more specific information about how a person may be exposed or ways to reduce or eliminate exposure. This is in line with the shift we saw in 2012 with OSHA’s hazard communication standard moving beyond just the “right to know” and towards the “right to understand” for chemical safety in the workplace.
New Proposition 65 warnings will now need to include:
- Language that the product “can expose you to” a Proposition 65 chemical rather than saying the product “contains” the chemical
- New “tailored” warnings that provide more specific information for certain kinds of exposures, products, and places
- The name of at least one listed chemical that prompted the warning
- The internet address for OEHHA’s new Proposition 65 warnings website, www.P65Warnings.ca.gov, which includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to them
- A triangular yellow warning symbol on most warnings
- Website warnings for products purchased over the internet
- Warnings in languages other than English in some cases
How We Can
Help Meet Your Compliance Needs
At Clarion, we offer Proposition 65 product safety labels as well as signs for your workplace. We understand that time may be of the essence to meet the new requirements, and are ready to work with you to meet your needs. Our quote response turnaround time is fast (typically one business day). Keep in mind that we can also work with you to fast track your order or delivery.