What is California Proposition 65?

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

How is this regulation enforced?

This regulation is only enforced in California. Businesses with 10 or more employees who fail to comply can result in your company being issued a “60-Day Notice” of non-compliance or “Notice of Violation” and your company can be taken to court if a settlement is not reached.

Do I need Prop 65 warning labels on my products?

First, you should check to see if chemicals in the product, or created through the use of the product, are on the Proposition 65 list.

Next, you should determine whether the manufacture or use of the product is likely to expose individuals to listed chemicals. If the product causes consumer exposure to a listed chemical, you should determine whether the Office of Environmental Health Hazard Assessment has identified a regulatory safe harbor level for the chemical. The safe harbor levels, or levels of exposure that are exempt from the warning requirement, can be found here. If you can show that the exposure you cause is below the regulatory safe harbor level, you need not provide a warning.

What about the chemicals where the safe harbor level is not established by the state of California?

Our toxicology experts can develop a reference level for use in the exposure assessment.

What are the features of the Evaluation Analysis service?