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Specification of California Proposition 65

Specification of California Proposition 65

California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) requires businesses to provide warnings about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. Maintained by California's Office of Environmental Health Hazard Assessment (OEHHA), Prop 65 applies to all consumer products sold in California, including food, electronics, clothing, furniture, and more.

Staying Compliant with California Proposition 65 Testing

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Determine Applicability
Determine Applicability

  - Does your product contain Prop 65 chemicals? (Check [OEHHA’s list](https://oehha.ca.gov/proposition-65))  




Testing & Risk Assessment
Testing & Risk Assessment

- Conduct laboratory testing (e.g., XRF, GC-MS, ICP-MS)  

- Compare exposure levels to "Safe Harbor" limits (No warning needed if below thresholds)  

 



Warning Labels (If Required)
Warning Labels (If Required)

- On-product label (for consumer goods)  

- Store signage (for retail sales)  

- Online warnings (for e-commerce)  


Documentation & Record-Keeping
Documentation & Record-Keeping

 - Maintain test reports, supplier certifications, and compliance records (defense in lawsuits)   



What We Should to Know about California Proposition 65 Testing

1. Warning Labels

   - Products containing listed chemicals above safe harbor levels must display:  

     "WARNING: This product can expose you to chemicals including [chemical name], which is known to the State of California to cause cancer/birth defects/reproductive harm. For more information, go to www.P65Warnings.ca.gov."

 

2. No Discharge into Drinking Water  

   - Businesses must avoid releasing listed chemicals into water sources.  

 

3. B2B Notices

   - Suppliers must inform retailers if their products contain Prop 65 chemicals.  

 

4. Enforcement & Penalties  

   - Fines up to $2,500 per violation per day.

   - Lawsuits can be filed by the California AG, district attorneys, or private citizens.


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