California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a state law that requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. First enacted by voter initiative in 1986, this proposition aims to protect the state’s drinking water sources from toxic substances and to reduce or eliminate public exposure to such chemicals. Citizens throughout California, as well as those in other states who purchase goods from companies operating in California, often encounter these warnings and may find them unclear. This guide aims to clarify the purpose and implications of Proposition 65 for consumers.
The core components of Proposition 65 involve an annual list of chemicals determined by the Governor of California to pose health risks, with over 850 chemicals currently identified. Furthermore, any entity doing business in California or selling products to California residents is mandated to issue a “reasonable warning” to consumers regarding potential exposure to any listed chemical found in their products. This warning requirement extends to various business settings, including retail stores, service providers, and even parking garages, ensuring that consumers are informed across different contexts.
Specific Proposition 65 Warnings for Various Products
Businesses operating in California must provide specific warnings based on the chemicals present in their products. Here are some examples of warnings for various materials:
- Vinyl-Coated Products: These products may expose individuals to Diisononyl phthalate (DINP), a chemical recognized by California as a carcinogen, and Di-n-butyl phthalate (DBP), identified as a cause of birth defects or other reproductive harm.
- Neoprene Foam Products: Exposure to Silica, known to cause cancer, is a potential risk associated with these products.
- Synthetic Suede Products: Consumers of synthetic suede may be exposed to Diisononyl phthalate (DINP), which is listed as a cause of cancer, birth defects, or reproductive harm.
- Steel Products: Cadmium, a chemical known to cause cancer, birth defects, and reproductive harm, may be present in steel products.
- Wood Products: These products can expose users to Sawdust, recognized as a carcinogen, and Methanol, which can cause birth defects or reproductive harm.
- Blue Packing Tarps: The chemical n-Hexane, known to cause birth defects or reproductive harm, may be present in blue packing tarps.
- Spray Adhesives: Spray adhesives may expose users to n-Hexane, which is listed as a carcinogen.
For detailed information and the most current list of chemicals, consumers are directed to visit www.P65Warnings.ca.gov. The proposition requires a warning for any detectable amount of a listed substance, regardless of the “safe harbor” limits.
Proposition 65 vs. Other Regulations
It is important to distinguish Proposition 65 from other regulatory statutes, such as California’s AB 1108 or the federal Consumer Product Safety Improvement Act of 2008 (CPSIA). Unlike these regulations, Proposition 65 does not restrict the sale of goods containing listed chemicals; its primary function is to inform consumers about potential exposures. Furthermore, Proposition 65 applies to individuals of all ages, not exclusively to products intended for children.
Phthalate Regulation Under Proposition 65 and Other Laws
Phthalates are a group of chemicals commonly used to enhance the flexibility and durability of PVC vinyl. A wide array of products, from furniture and footwear to toys and tools, are manufactured using PVC vinyl. Both federal (CPSIA) and California (AB 1108) laws impose limits on certain phthalates in children’s toys and child-care items.
A “children’s toy” is defined as a product intended for use by children during play, while a “child-care article” is designed to aid in a child’s sleep, relaxation, feeding, or to assist with sucking or teething. Specific phthalate concentration limits (0.1%) apply to toys used by children aged 3 to 12 that cannot be placed in their mouths. Stricter regulations apply to toys for children under 3 or those that may be mouthed, as well as all child-care items, which must not contain DEHP, DBP, BBP, DINP, DIDP, or DnOP above the 0.1% threshold. Proposition 65, however, lists only four of the six phthalates regulated by AB 1108 and CPSIA, and includes one additional phthalate, DnHP, not covered by those other laws.
For comprehensive information on Proposition 65, including its complete substance list, you can contact the Office of Environmental Health Hazard Assessment (OEHHA) Proposition 65 program at (916) 445-6900 or visit their website at http://www.oehha.ca.gov/prop65.html. Additional details about California AB 1108 can be found at AB 1108.
Understanding these warnings is crucial for making informed purchasing decisions. While Proposition 65 requires notification, it is essential to consult the provided resources for detailed information on specific chemicals and their potential health effects.
