A Brief Overview of Prop 65 Compliance

What is Prop 65?

In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. The initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Proposition 65” (Prop 65). It was created in reaction to the discovery of hazardous pollutants contaminating the California water supply several decades ago.

Prop 65 requires California’s Office of Environmental Health Hazard Assessment (OEHHA) to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. Once a chemical is added to the list, businesses have 12 months to comply with the warning requirements. This list was first published in 1987 and is updated at least annually comprising over 1000 chemicals today.

Businesses with 10 or more employees selling products in California are required to provide clear and reasonable warnings to consumers unless the business can demonstrate that exposure levels to these chemicals will not pose a significant risk of cancer, birth defects or reproductive harm. These warnings can be given in several ways including product labels, packaging, or at the point of sale.

What products are regulated under Prop 65?

Prop 65 governs a wide range of consumer products sold in California, including textiles, toys, furniture, and various hardgoods. These products must adhere to the standards set by Prop 65 to ensure they do not contain any of the listed harmful chemicals.

Examples of chemicals commonly found in textiles, toys, furniture, and hardgoods and listed under Prop 65 include lead, phthalates, cadmium, bisphenols, and formaldehyde.

Where does Prop 65 apply?

Prop 65 applies to all products sold or distributed in California, regardless of where they are manufactured. In other words, companies selling products to California consumers need to ensure compliance with Prop 65.

How can businesses comply with Prop 65?

Businesses in California must perform due diligence to ensure that their products comply. A business can evaluate its manufacturing processes and the raw materials they use in the production of its products to determine if they are exposing Californians to unsafe levels.

In assisting businesses, OEHHA has derived numerical “safe harbour levels” which a person can use to determine if the levels present in their products require a warning. These safe harbour levels consist of No Significant Risk Levels (NRSL) for chemicals listed as causing cancer and Maximum Allowable Dose Levels (MADL) for chemicals listed as causing birth defects or other reproductive harm.

In the absence of a safe harbour level, businesses must provide warnings or assess the anticipated exposure to ensure the chemical will not pose a significant risk of cancer or reproductive harm.

Many turn to chemical testing and toxicological risk assessments to determine if their products contain chemicals of concern above safe levels of exposure. Testing assists businesses in assessing raw materials and components in the product’s supply chain while providing measurable and verifiable data. Chemical testing and safety assessments can also help companies show that their products are within safe harbour levels and are therefore not required to have a warning.

Working with compliance experts and utilising testing services can help businesses navigate through the requirements of Prop 65 and ensure their products are in compliance.

Recent updates on Prop 65

For the latest “The Proposition 65 List”, you can download it from the California Office of Environmental Health Hazard Assessment website here.

In October 2023, the California Office of Environmental Health Hazard Assessment issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6 “Clear and Reasonable Warnings”. You can find more details in our newsletter about OEHHA proposes amendment to Proposition 65 short-form warning requirements.

How can the Eurofins Softlines & Leather network of laboratories help?

Our laboratories worldwide offer a comprehensive range of testing and consulting services for California Prop 65, providing reliable and affordable chemical testing for your products/articles to comply with this regulation.

Find out more about Eurofins California Proposition 65 Services.