California Proposition 65 and Compliance Requirements

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted in November 1986. Its primary objective is to protect California's drinking water sources from contamination by chemicals known to cause cancer, birth defects, or other reproductive harm. The law requires businesses to provide clear and reasonable warnings before knowingly exposing individuals to such chemicals through their products or operations.

Proposition 65 Chemical List

The Proposition 65 list contains a wide range of naturally occurring and synthetic chemicals. Since its first publication in 1987, the list has grown to include over 1,000 substances, including:

• Pesticides
• Food and drug ingredients
• Household cleaning agents
• Solvents and industrial chemicals
• Additives and dyes used in consumer products

The list is maintained and updated at least once a year by the California Office of Environmental Health Hazard Assessment (OEHHA).

Compliance Requirements for Businesses

Products sold or distributed in California must comply with the following mandatory requirements:

• Discharge Prohibition

Companies doing business within California are prohibited from knowingly discharging listed chemicals into sources of drinking water.

• Warning Requirement

Businesses must provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. An exemption applies if the business can demonstrate that the anticipated exposure level will not pose a significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.

Legal Risks and Enforcement

If a business is found in violation of Proposition 65, a court may order the company to stop the violation and impose civil penalties of up to $2,500 per day for each violation. Enforcement is primarily carried out through civil lawsuits, which can be initiated by:

• The California Attorney General's Office
• Any district attorney or city attorney (for cities with populations exceeding 750,000)
• Private parties or organizations acting in the public interest

Private parties must issue a 60-Day Notice of violation to the business and relevant authorities before filing a lawsuit. Receiving such a notice poses serious legal and reputational risks.

Proregulations' California Proposition 65 Compliance Services

Proregulations provides full-spectrum support to help businesses minimize risk and ensure lawful access to the California market:

• Proposition 65 Regulatory Consultation
  We offer expert advice on how the regulation applies to your specific products and business operations.
• Warning Label Design and Review
  Our team assists in designing and reviewing "clear and reasonable" warning labels to ensure they meet the specific requirements of California law.
• 60-Day Notice Consulting
  We provide strategic consulting services to help businesses respond to and manage 60-Day Notices of violation effectively.
• Product Compliance Assessment
  We help identify whether your products contain listed chemicals and evaluate the necessity of providing warnings based on exposure assessments.

If you need to ensure your products are Proposition 65-compliant or require assistance with warning labels, please contact us.