Manufacturers with ten or more employees that sell products that might end up in the hands of a California resident and that contain a supply chain chemical known to cause cancer, birth defects or other reproductive harm need to be familiar with what’s commonly known as California Proposition 65 or Prop 65 – The Safe Drinking Water and Toxic Enforcement Act of 1986.
Prop 65 requires the State of California to publish a list of chemicals known to cause cancer or
reproductive toxicity. This list, which must be updated at least once a year, has grown to include
approximately 900 chemicals since it was first published in 1987.
The law requires covered manufacturers to provide a clear and reasonable warning to California consumers. By law, a warning must be given for listed chemicals unless the exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm. The new warning requirement became effective August 30, 2018.
The California Attorney General’s office enforces Proposition 65. Any district attorney or city attorney (for
cities whose population exceeds 750,000) may also enforce Proposition 65. In addition, any individual acting in the public interest may enforce Proposition 65 by filing a lawsuit against a business alleged to
be in violation of this law. Penalties for violating Proposition 65 by failing to provide notices can be as high as $2,500 per violation per day.
More information about Prop 65 can be found at https://oehha.ca.gov/proposition-65/about-proposition-65.