Notes on Compliance with California Proposition 65

Background Information

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act enacted in November 1986, is intended to protect California citizens and the state's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm ("toxic substances"), and to inform citizens about exposures to such chemicals. Proposition 65 is administered by the Office of Environmental Health Hazard Assessment (OEHHA), which develops and updates a list of toxic substances. The latest list of toxic substances is accessible at: https://oehha.ca.gov/proposition-65/proposition-65-list

The OEHHA also proposes regulations concerning Proposition 65 warnings. The new consumer warning requirements promulgated by the OEHHA in August 2016 became operative in August 2018.

 

Regulatory Scope

The Proposition 65 List currently contains more than 900 chemicals. Proposition 65 does not forbid the sale of products that contain its listed chemicals, but requires the manufacturers to provide a clear and reasonable warning to any consumer in California exposed to such chemicals.

The list is updated at least once a year. Proposition 65 is not industry-specific but applies to all consumer products sold or distributed in California.

 

Regulatory Requirements

Proposition 65 places primary responsibility for providing warnings on product manufacturers, producers, packagers, importers, suppliers or distributors.

The warning regulations specify that safe harbor warnings for consumer products are required to say the product "can expose you to" a Proposition 65 chemical. The warnings must also include:

For example (English version):

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

 

Penalties for Violations

According to California's laws, penalties for violating Proposition 65 by failing to provide warnings can be as high as USD 2,500 per violation per day.

 

Legal Basis

More information about Proposition 65 is available at:

Proposition 65 Law and Regulations

New Proposition 65 Warnings

 

Note: The above information does not constitute any legal advice and shall not be deemed or represent the legal opinion or conclusion of the regulatory body. Further, we do not undertake or warrant that the information represents the latest laws and regulations. For specific information, consult the competent authority, law firms, or third-party certification/testing/consulting companies in the target country or region.

 

 

AliExpress

September 29, 2020