PROPOSITION 65 of California
Proposition 65, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986 or Prop 65 was a voter initiative passed into law to address public concern over exposure to unsafe and toxic chemicals in the State of California.
Proposition 65 states the following:
- 25249.5 Prohibition on Water Contamination
"No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water, notwithstanding any other provision or authorization of law except as provided by Section 25249.9."
- 25249.6 Requirement of a Clear and Reasonable Warning Prior to Exposure
"No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided by Section 25249.10"
So what does that mean?It means two main things.
One is that we have to be sure that in conducting our business no restricted chemicals noted in the Proposition 65 Chemical List are intentionally released to any sources of drinking water. This extends to requesting our manufacturers for certification to assure that the content of our films comply with Prop 65.
And two, that we post physical warnings that legibly and reasonably forewarn individuals within the vicinity of any potential exposure to any restricted chemicals on the Prop 65 list.
It's confusing, why do only some and not all of the items on the PROP 65 Chemical List have values under the NSRL/MADL column?
The NSRL (No Significant Risk Level) and MADL (Maximum Allowable Dose Levels) are also called Safe Harbor Numbers. These numbers express in µg per day what the assigned No Risk or Allowable exposure levels are for each chemical.
If the Safe Harbor Number is exceeded then a warning or disclosure is automatically required. It is the OEHHA's goal to have the entire Chemical List designated with safe harbor numbers but the process takes time.
Note: Access via http://www.oehha.org/prop65/prop65_list/Newlist.html
So if the chemicals I find in my product DON’T have a Safe Harbor Number, then I don’t need to post warnings or disclose this information?
The absence of an assigned Safe Harbor number does not change the requirement to disclose, especially as the chemicals on PROP 65 have been specifically listed for their propensity to cause cancer or reproductive toxicity if leached.
The prohibition on water contamination (Part 25429.5) relies on what chemicals are “knowingly” discharged or released in the course of doing business.
In fact, guidance on Proposition 65 states that “If there is no safe harbor level for a chemical, businesses that knowingly expose individuals to that chemical would generally be required to provide a Proposition 65 warning, unless the business could show that the risks of cancer or reproductive harm resulting from the exposure would be below levels specified in Proposition 65 and its accompanying regulations.”
PVC Tech Corp and PROP 65
As a California business PVC Tech Corp complies with the requirements of Prop 65 and provide any available certifications traceable to our manufacturers for our films.
This summary is non-legally binding. It has been published as an overview of the subject headed for purposes of summary review and does not replace the obligation of individual companies to identify, review and understand the subject and/or regulations discussed and its implications on their organization.
PVC Tech Corp PROP 65 Notice (click to view)
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers or the public to such chemicals above certain threshold levels.
We hope that the information below helps with your purchasing decisions.
The PVC TECH CORP Proposition 65 notice:
WARNING: Products in the categories below contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
• Products made with Vinyl (PVC), Synthetic and Non-woven Material not specially formulated to meet PROP 65 requirements as these may contain substances such as heavy metals, phthalates or other applicable substances identified by the OEHHA on the Prop 65 list.
Exemption: This warning does not apply to products made to eliminate and/or restrict, or which do not use PROP 65 listed substances applicable to our materials.
Note to Customers Purchasing Materials as Components for Products Sold in California:
Due to the range of materials we offer, some of which contain substances known to cause cancer or reproductive harm and/or some of which have been formulated to eliminate or restrict those substances, please inquire specifically about the PROP 65 status of substrates you purchase from us for later use in the manufacture of your product.