Many in the chemical industry are aware of and familiar with California’s Proposition 65 (Prop 65) as many of the things that we deal with every day are on the list. California’s Prop 65 Warning is the law that requires California to publish a list of chemicals known to cause cancer or reproductive toxicity, and for businesses with 10 or more employees to provide warnings when they knowingly and intentionally cause significant exposures to listed chemicals. This law has been in place since the mid 1980’s but more recently has undergone some amendments that are set to take effect next month, August 30th.
The Prop 65 program requires businesses to provide “clear and reasonable” warnings to those in California before “knowingly and intentionally” exposing them to a chemical on the list. The state’s Office of Environmental Health Hazard Assessment (OEHHA) has changed what is required of companies to be able to provide these “clear and reasonable” warnings. These regulations are not required of businesses specifically by law, however, this is an effective way for businesses to protect themselves against enforcement actions, including fines of as much of $2,500 per day.
The new regulations state that warnings must include:
- The word “WARNING” in all capital letters and bold print
- The phrase “this product can expose you….”
- The name of one or more listed chemicals
- A pictogram
- The new Prop 65 URL (P65Warnings.ca.gov.) run by OEHHA
So what does this mean for manufacturers and distributors? The new system has explained that manufacturers are responsible for providing these warnings. They are able to provide the labeling themselves or require it of their distributors, importers, or retail outlets. Many have already begun this process as this has been in place since August 2016. Are you ahead of the game and ready for the final cut off in August?