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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:
- 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."
- 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, PROP 65 seems to have TWO different lists of Chemicals which do I use?
Yes, there are two lists released by Prop 65 for reference as follows:
- The Prop 65 Chemical List which lists approximately 750 chemicals known to cause cancer and birth defects of reproductive toxicity. This list does not specify concentration levels and encompasses the Safe Harbor List.
- The Prop 65 Safe Harbor Level List is a list of approximately 250 chemicals and their corresponding Safe Harbor Numbers. The safe harbor number indicates the exposure level per day which if exceeded would automatically require a Prop 65 warning.
Note: Recently, the OEHHA introduced a consolidated reference version incorporating the two lists into one for reference only. The Chemical List and the Safe Harbor List are still maintained separately. ( access via http://www.oehha.org/prop65/prop65_list/Newlist.html ).
The goal is to eventually have the entire Chemical List designated with safe harbor numbers but until that time, the Prop 65 Chemical List must be referenced when determining if any of the chemicals present in a product or the working environment falls under the Prop 65 requirements.
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.
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