Complying with California Proposition 65
California Proposition 65 affects all products sold or distributed in California, including textiles, hard goods, toys, juvenile products, and electrical/electronic items. In its simplest form, as it pertains to consumer products, Prop 65 can be considered a consumer “right-to-know law” that informs consumers if certain hazardous chemicals are present in a product or its packaging.
However, compliance can be complicated. Limits for identified chemicals can vary both by the particular substance and product. Also, pre-existing requirements don’t exist for all chemicals and product types. Rather, product limits are established based on settlements resulting from litigation brought forward by individuals or groups challenging the safety of chemical levels in particular products.
How to comply with Proposition 65
• Determine if your product contains any listed Prop 65 chemical in the product or packaging.
• Identify exposure routes to the chemical from your product (i.e., inhalation, ingestion, absorption, etc.).
• Assess the level of exposure by comparing chemical levels in your product to California’s criteria for No Significant Risk Levels (NSRLs) or Maximum Acceptable Dose Levels (MADLs) and generate data showing Risk Level.
• If the exposure is in excess of the California’s NSRL or MADL levels, then product must provide the appropriate warning to the consumer.
• Work with a knowledgeable and experienced third-party quality assurance provider/laboratory to assist you with this process.
BUREAU VERITAS' APPROACH
By monitoring Proposition 65 actions and settlements, we help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if listed Prop 65 chemicals are present in their products, identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance program on an ongoing basis. Our services include:
• Analytical Testing Services: Identifies levels of listed Prop 65 substances in a product and test to current consent decrees
• Design Evaluations: Reviews product construction and/or formulations with possible recommendations
• Technical Opinion Letters: Evaluates your formulation against the current list of Prop 65 chemicals
COMPONENTS FOR COMPLIANCE
• Understand your products and the chemicals used to produce them
• Communicate your policies related to Proposition 65 and similar chemical requirements within your company and full supply chain.
• Support and monitor your supply chain with training, Bill of Materials and Bill of Substance Review, audits, product compliance testing and more.
FAQ - Frequently Asked Questions
Who enforces Proposition 65?
• The California Attorney General’s Office
• Local city District Attorneys
• Others including lawyers, environmentalists, and the public
What types of consumer products have experienced litigation?
Lawsuits have been brought against manufacturers and retailers of a wide variety of consumer products including:
| alcoholic beverages | antacids | brass keys/hose nozzles |
| ceramic tableware | crystalware | correction fluid |
| dental fillings | exterior decorated glassware | galvanized pipe |
| jewelry | lead fishing tackle | nail polish |
| PVC computer peripherals | PVC electrical tape | PVC light strings |
| PVC lunch boxes | paint | textiles |
Need help in Determining Compliance to CA Prop 65 Requirements?
A Safe Harbor Assessment helps you to determine whether a chemical (or chemicals) of concern may be present in your product in concentrations that meet the OEHHA California Environmental Protection Agency established safe harbor levels.
With a Safe Harbor Assessment from Bureau Veritas, you will receive a third-party exposure assessment performed by a board-certified toxicologist. This provides you with the data you need to perform due diligence either proactively or in response to a notice of alleged CA Prop 65 violation.