CA Prop 65

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committee members are appointed by the Governor and are designated as the “State’s
Qualified Experts” for evaluating chemicals under Proposition 65. When determining
whether a chemical should be placed on the list, the committees base their decisions on
the most current scientific information available. OEHHA staff scientists compile all
relevant scientific evidence on various chemicals for the committees to review. The
committees also consider comments from the public before making their decisions.
A second way for a chemical to be listed is if an organization designated as an
"authoritative body" by the CIC or DART Identification Committee has identified it as
causing cancer or birth defects or other reproductive harm. The following organizations
have been designated as authoritative bodies: the U.S. Environmental Protection
Agency, U.S. Food and Drug Administration (U.S. FDA), National Institute for
Occupational Safety and Health, National Toxicology Program, and International
Agency for Research on Cancer.
A third way for a chemical to be listed is if an agency of the state or federal government
requires that it be labeled or identified as causing cancer or birth defects or other
reproductive harm. Most chemicals listed in this manner are prescription drugs that are
required by the U.S. FDA to contain warnings relating to cancer or birth defects or other
reproductive harm.
A fourth way requires the listing of chemicals meeting certain scientific criteria and
identified in the California Labor Code as causing cancer or birth defects or other
reproductive harm. This method established the initial chemical list following voter
approval of Proposition 65 in 1986 and continues to be used as a basis for listing as
appropriate.
What requirements does Proposition 65 place on companies doing
business in California?
Businesses are required to provide a "clear and reasonable" warning before knowingly
and intentionally exposing anyone to a listed chemical. This warning can be given by a
variety of means, such as by labeling a consumer product, posting signs at the
workplace, distributing notices at a rental housing complex, or publishing notices in a
newspaper. Once a chemical is listed, businesses have 12 months to comply with
warning requirements.
Proposition 65 also prohibits companies that do business within California from
knowingly discharging listed chemicals into sources of drinking water. Once a chemical
is listed, businesses have 20 months to comply with the discharge prohibition.
Businesses with less than 10 employees and government agencies are exempt from
Proposition 65’s warning requirements and prohibition on discharges into drinking water
sources. Businesses are also exempt from the warning requirement and discharge
prohibition if the exposures they cause are so low as to create no significant risk of
cancer or birth defects or other reproductive harm. Health risks are explained in more
detail below.
What does a warning mean?
If a warning is placed on a product label or posted or distributed at the workplace, a
business, or in rental housing, the business issuing the warning is aware or believes