What are the compliance obligations, particularly those related to labeling, required by California Proposition 65 for a listed chemical?
In 1986, California adopted an initiative known as Safe Drinking Water and Toxic Enforcement Act, still known by its original name of Proposition 65. Put simply, Proposition 65 requires businesses to notify Californians about significant amount of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. In our client’s case, it is a product. The following are exempt from the provisions of Proposition 65: (1) businesses with less than 10 employees and (2) government agencies. A business is required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a “listed” chemical.” This warning can be given by a variety of means, including by labeling.
The “list” contains a wide range of naturally occurring and synthetic chemicals that are known to cause cancer or birth defects or other reproductive harm. There are 4 ways a chemical gets on the list: (1) when California’s experts, namely, the Carcinogen Identification Committee (CIC) and Development and Reproductive Toxicant (DART) Identification Committee say so; (2) when an organization designated as an “authoritative body” by the CIC or DART says so; (3) when an agency of the state or federal governments requires such labeling e.g. prescription drug warnings required by U.S. FDA; and (4) if the chemical is identified in the California Labor Code as causing one of the above listed harms.
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admin @ March 27, 2008