What is California Prop65?

California Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a landmark piece of legislation designed to protect Californians from exposure to chemicals known to cause cancer, birth defects, or other reproductive harm. Since its enactment, Proposition 65 has significantly impacted businesses operating in California, requiring them to provide warnings about significant exposures to chemicals on the state's list of harmful substances.

Looking for background on Proposition 65?

Proposition 65 was passed in 1986 through a ballot initiative that received massive support from California voters. Its primary aim is to notify Californians about the presence of chemicals that are known to cause cancer, birth defects, or other reproductive harm to human beings. The California Office of Environmental Health Hazard Assessment (OEHHA) is responsible for updating and maintaining the list of chemicals covered by Proposition 65, which currently includes over 1,000 substances.

What are the Prop 65 Requirements for Businesses?

Businesses that operate in California and expose individuals to chemicals on the Proposition 65 list must comply with the law's requirements. Here are the key obligations for businesses:

1. Warning Requirements:

Product Warnings: Businesses must provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical.
Environmental Exposure Warnings: If a business is aware that it is discharging a listed chemical into drinking water sources, it must provide a warning.

2.Determining Exposure Levels: Businesses must evaluate their products and processes to determine if they expose individuals to any chemicals listed by Proposition 65. If there is an exposure, the business must assess whether the exposure level requires a warning.

3. Types of Warnings:

Labels: Products containing a listed chemical must bear a warning label, either on the product itself or on its packaging
Signs: Businesses must post signs at the workplace if there is a significant exposure to a listed chemical
Online Warnings: Businesses must provide a warning on the product display page or during the purchase process for online sales.

4. Penalities for Non-Compliance: Failure to comply with Proposition 65 can result in significant penalties. Private citizens, advocacy groups, and the California Attorney General's Office can enforce the law through legal action.

-Penalties can include fines of up to $2,500 per day for each violation.

How Business to Ensure Prop 65 Compliance?

To navigate the complexities of Proposition 65 and ensure compliance, businesses can take the following steps:

1.Understand the Law: Educate key staff members about Proposition 65 and its requirements

2.Staying Up-to-date: Regularly check the OEHHA website for updates to the list of chemicals covered

3.Identify Chemicals of Concern: Review products and processes to determine if they contain or produce any listed chemicals. Then, conduct testing or consult with experts to assess exposure levels

4. Implement Warnings:

a.If required, provide warnings on products at the workplace or online.
b.Ensure that warnings are clear, prominently displayed, and easily understandable by consumers.

5. Maintain Records:

a.Keep detailed records of chemical assessments, warning placements, and compliance efforts.
b.Documentation will be crucial in the event of an enforcement action or legal challenge.

6.Seek Legal Guidance:

a.Consider consulting with legal counsel experienced in Proposition 65 compliance.
b.Legal experts can guide specific requirements and help develop a compliance strategy.

How APA Engineering Can Help?

Navigating California Proposition 65's complexities can be daunting for businesses. That's where APA Engineering's Prop 65 experts come in. With years of experience in environmental compliance and a deep understanding of Prop 65 regulations, our team can guide and support your business with tailored solutions.

APA Engineering: Your Partner in Prop 65 Compliance

APA Engineering offers assistance with product testing, warning labels, and Prop 65 compliance. Our experts can assess your products, provide comprehensive compliance strategies, and ensure that your business meets all Prop 65 requirements.

Contact us today to learn more about how we can help you navigate the complexities of California Proposition 65 and prioritize consumer safety while remaining compliant. With APA Engineering's Prop 65 experts by your side, you can confidently ensure compliance with the law.