Overview

Introduction to California Proposition 65

Introduction to California Proposition 65

In 1986, California enacted Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, following a decisive public vote. This landmark legislation mandates the state to maintain a list of chemicals known to cause cancer, birth defects, or other reproductive harm. Today, this list includes approximately 1000 chemicals, reflecting California's ongoing commitment to health and environmental safety.

The Purpose of Proposition 65

Proposition 65 obligates businesses to inform Californians about significant exposures to these hazardous chemicals, whether through products, in homes or workplaces, or environmental release. By enabling informed decisions, the law empowers individuals to protect their health from potential risks.

The Purpose of Proposition 65
Mechanism for Listing Chemicals

Mechanism for Listing Chemicals

Chemicals are added to the Proposition 65 list through evaluations by two main bodies: the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant (DART) Identification Committee, collectively known as the State’s Qualified Experts. Additional inputs come from authoritative bodies like the US EPA, FDA, NIOSH, and IARC, ensuring a robust assessment process. For a detailed understanding of how chemicals are designated under Proposition 65, visit the Office of Environmental Health Hazard Assessment (OEHHA).

Proposition 65 Warnings

Since August 2018, new requirements mandate that warnings provided under Proposition 65 must name at least one listed chemical and direct consumers to the OEHHA website for more information, marked by a distinctive yellow triangle symbol and the word "WARNING". For more details on the substances and the associated risks, visit www.P65Warnings.ca.gov.

Proposition 65 Warnings
Compliance with Proposition 65

Compliance with Proposition 65

Compliance involves providing clear and reasonable warnings for products exposing individuals to listed substances above established safe harbor levels. The 2016 amendment to Article 6 aimed to make warnings more meaningful, reducing "over-warning" and clarifying responsibilities among manufacturers and retailers.

Enforcement of Proposition 65

The California Attorney General's Office, alongside district attorneys, city attorneys, and individuals acting in the public interest, enforces Proposition 65. This broad enforcement mechanism has led to numerous lawsuits, emphasizing the law’s wide-reaching impact. For more information on enforcement actions and guidelines, visit the California Attorney General's Proposition 65 website.

Enforcement of Proposition 65
Penalties for Non-Compliance

Penalties for Non-Compliance

Violations of Proposition 65 can lead to penalties of up to $2,500 per day for each infraction, underscoring the need for businesses to adhere to the act's requirements. Detailed information about enforcement and the consequences of non-compliance can be found on the Attorney General's Proposition 65 webpage.

The iLenSys Advantage

Ensure your business adheres to California Proposition 65 with iLenSys’s expert guidance and tailored compliance solutions. Contact us today to safeguard your company from potential penalties and legal challenges.

iLenSys offers comprehensive support to navigate the complexities of Proposition 65 compliance. Our expertise and solutions simplify the process of identifying applicable chemicals, implementing compliant warning labels, and developing strategies to mitigate exposure risks.

Unveil the Potential of iCM

Unlock the full potential of environmental compliance with iCM—your end-to-end solution for navigating the complexities of regulations with ease and precision. iCM is not just software; it's the key to transforming compliance into competitive advantage.

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Book a Demo

Schedule a personalized demonstration with our Environmental Compliance Experts

Experience the power of seamless compliance with a live demonstration of iLenSys Compliance Manager (iCM). See firsthand how our intuitive platform can revolutionize your approach to environmental regulations like RoHS, Prop 65, EU PoP, REACH, TSCA, and more.

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Frequently Asked Questions

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm.

Non-compliance with Proposition 65 can result in civil penalties up to $2,500 per day for each violation. Businesses may also face lawsuits from the state, public interest groups, or private citizens, potentially leading to additional fines and legal fees.

Proposition 65 was enacted to help Californians make informed decisions about protecting themselves from chemicals known to cause harm. It aims to reduce or eliminate exposures to these chemicals by providing public warnings and influencing the removal or reformulation of hazardous
substances in products.

Chemicals are listed under Proposition 65 if they are known to the state of California to cause cancer, birth defects, or other reproductive harm. This determination can be made through research by certain state and international health agencies, labor codes, or through required labeling on consumer products.

A Proposition 65 warning means that a business has determined that one or more listed chemicals may be present in their products or premises. The warning is provided to inform consumers about potential exposures to these chemicals.

Not necessarily. The presence of a Proposition 65 warning does not automatically mean that a product is unsafe. Proposition 65 standards are often more stringent than federal and international guidelines. Many businesses opt to include warnings out of caution and to avoid legal challenges.

iLensys offers comprehensive compliance solutions, including risk assessment, compliance strategy development, and product testing services. Our team of experts stays abreast of the latest Proposition 65 developments, providing your business with up-to-date information and tailored advice to meet compliance requirements effectively and efficiently.

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