In this edition of the Weekly Compliance Digest, we cover California Proposition 65, which is a regulation that has been in effect for 30 years.
Section 25205 to Title 27, Article 2, of the California Code of Regulations
What is it?
The California Office of Environmental Health Hazard Assessment (OEHHA), which is an agency that is part of the California Environmental Protection Agency (Cal/EPA), is responsible for the implementation of The Safe Drinking Water and Toxics Enforcement Act of 1986, commonly referred to as “Proposition 65” (or Prop. 65). As part of Prop. 65, OEHHA maintains a list of chemicals known to cause reproductive toxicity or cancer. The law requires companies to provide a warning, through signs or product labels, when they knowingly and intentionally cause an exposure to a listed chemical, and prohibits the discharge of listed chemicals into sources of drinking water.
On January 25, 2016, OEHHA announced a proposed regulation to create a “Lead Agency Website” where the public would obtain supplemental information regarding the warnings being provided for chemicals listed under Prop. 65, and information on how they might be exposed to the chemicals and how they might reduce or avoid such exposures. The objective of the website is to establish a “one-stop shop” for supplemental information regarding the warnings Californians see on products and at locations throughout the state. The availability date for the website was April 1, 2016.
Who is affected?
Companies that sell products in the state of California that contain a chemical present on the Proposition 65 List.
What are the requirements?
As of April 1, 2016, manufacturers, producers, distributors and importers of products for which Prop. 65 warnings have to be provided, must submit to OEHHA the following information within 90 days of the agency’s request:
- Name of the listed chemical for which a Prop. 65 warning is given.
- Location of the chemical in the product that requires a Prop. 65 warning.
- Concentration of the chemical in the final product.
- Anticipated routes of exposure to the listed chemical in the product.
- Estimated level of exposure to the chemical.
The data provided by companies would then be included by OEHHA on the Prop. 65 website. In addition, OEHHA says that the rule does not require a company to perform new or additional tests or analysis for the purpose of responding to the agency’s request. Companies also benefit from some protections for trade secret information.
What is next?
- California approves Prop 65 website despite industry objections (Chemical Watch)
- Prop. 65 Chemical Warning Law Changes Take Effect. Is Your Business Ready? (Environmental Leader)
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