Eurofins | BLC can offer several technical services to support clients with Proposition 65. It is important to note that the chemicals listed (unless subject to a settlement arrangement) do not have defined limits or test methods and as such best available techniques and US Regulations Restriction Limits (such as CPSIA, etc) will be used to assess the risk. If US Regulation includes any substances on EU Regulation, then EU Regulation Limits may be used.
Prop 65 testing reports from Eurofins | BLC will therefore not state compliance against Proposition 65 but they will support your organisation with a risk assessment.
What is California Prop 65 testing?
Prop 65 testing identifies any product compliance issues, for the State of California. Prop 65 only applies to the state of California, however this includes all products distributed within the state. As a result, if you are selling or distributing your products into California they must be Proposition 65 compliant.
California Proposition 65 is a ballot initiative by Californian citizens in 1986 in order to address their growing concerns regarding exposure to toxic chemicals. Originally entitled ‘The Safe Drinking water and Toxic Enforcement Act’, aimed to protect Californian citizens and the states drinking water from chemicals known to cause cancer, birth defects and other reproductive harm.
More recently, the act has become a product safety directive meaning that any retailer of a product or service is legally responsible for the chemical content of that product or service.
California Proposition 65 is managed by the Office of Environmental Health Hazard Assessment (OEHHA), whose aim is to protect and enhance public health and the environment by scientific evaluation of risks posed by hazardous substances.
What chemicals are covered under California Prop 65 legislation?
The Proposition 65 List currently has in excess of 900 chemicals. The chemicals listed are known to cause birth defects or cancer or other reproductive harm. The listed chemicals include additives or ingredients in consumer goods, pesticides, common household products, foods, drugs, dyes, solvents etc. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.
View the Proposition 65 List
How do I comply with California Prop 65?
Under the act, businesses must provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. This warning could be on the product itself, on its packaging, or by means of prominent signage at the point of distribution. Once a chemical has been listed businesses have 12 months to comply with the warning requirements.
For chemicals listed as carcinogenic
A warning is required if the exposure to the listed chemical is above the ‘no significant risk level’ (NSRL). This NSRL can be defined as the level of exposure by which one person exposed to that chemical over a 70 year lifetime would have no more than a one in 100,000 chance of developing cancer as a result of exposure to that chemical.
For chemicals listed as causing birth defects and other reproductive harm
A warning is required if the exposure to the listed chemical is above 1/1000th of the ‘maximum allowable dose level’ (MADL). The MADL is determined by the level of exposure that has been shown to cause no harm to humans or laboratory animals. This value is then divided by 1000 to create an ample margin of safety.
At Eurofins | BLC, we recommend that you carry out California Proposition 65 testing to ensure their compliance with the legislation.
Why you need to comply with California Prop 65?
The main reason for compliance is the possibility of civil lawsuits; a business can be fined up to $2,500 per day per violation.
In addition to this, compliance protects the health and safety of the consumer and ultimately the business’ reputation and brand image. Settlements are also common but can cost several thousand dollars.