UNTANGLING THE NEW 2018 PROP 65 REQUIREMENTS…WHAT YOU NEED TO KNOW
What is Prop 65?
Prop 65 is the California Safe Drinking Water and Toxic Enforcement Act of 1986. This initiative requires that the state of California publish a list of chemicals that the state has determined cause cancer or reproductive toxicity. The list of chemicals is monitored and updated annually.
In accordance with Prop 65, businesses that sell products in California are required to inform consumers, by issuing a “clear and reasonable” warning, if there are significant amounts of these chemicals present in their products. They must also issue a warning if any of these chemicals are released into the environment or discharged into sources of drinking water. Products that contain these chemicals in insignificant amounts or in locations from which consumers would not be exposed, such as the internal components of a product or areas that would not cause significant exposure, are exempt from the warning requirement.
Prop 65 is administered by the Office of Environmental Health Hazard Assessment (OEHHA) which is a part of the California Environmental Protection Agency (Cal/EPA). The regulation is enforced primarily by private personnel who are allowed to enforce in the public name. The California Attorney General’s office may also enforce Prop 65, but it only handles a small percentage of potential violations. More information about Prop 65 can be found on the OEHHA website.
Prop 65 Updated In 2018
The Prop 65 warning regulation was amended in August 2018. The amended requirements apply primarily to consumer products and address the appearance, form and content of the warnings that businesses are required to provide. The amended regulation further clarifies that the primary responsibility for providing Prop 65 warnings lies with manufacturers.
The amended labeling requirements include:
- The word “WARNING” which must appear in bold print and in all capital letters
- A pictogram with a yellow equilateral triangle outlined in bold black with a black exclamation point in the center must be placed to the left of the word “WARNING”. The size of the pictogram cannot be smaller than the word “WARNING”. In some cases, the triangle can be in black and white.
- The language on the label must be changed from “This product contains” to “This product can expose you to…”
- The full chemical name of at least one chemical found in the product that is known to cause cancer or birth defects or other reproductive harm must be listed on the warning. If the product contains chemicals from both lists, a minimum of one chemical from each list must be identified.
- At the end of the warning, the following must be included: “For more information go to www.P65Warnings.ca.gov.”
- Businesses can also choose to use a short-form warning for warnings on products or on product packages. A short form warning cannot be used on signs or other types of warnings.
- A short form warning must include the above elements except that instead of using the language “This product can . . .” and identifying the chemical(s), the required language states only: “Cancer and Reproductive Harm – www.P65Warnings.ca.gov;” or “Cancer” or “Reproductive Harm” if only one endpoint is applicable.
- The font size of this short-form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for other consumer information included on the label.
- If the label includes consumer information in other languages, such as instructions, ingredients or other warnings, the warning must be included in those languages as well.
The amended regulation applies to internet and catalog sales:
- The warning on the internet page must be prominently displayed on either the product page or a clearly-marked hyperlink on the product page, or at the checkout page to California purchasers prior to purchase
- Short-form warnings can be used on the internet
- The warning on a catalog page must be clearly associated with the specific product
Amended regulations for specific types of products and exposures:
- Specific warning requirements apply to food products, alcoholic beverages, restaurants, wood dust, furniture, enclosed parking facilities, hotels, petroleum products and other types of exposures.
IPC Is Committed To Safety
International Products Corporation (IPC) continually evaluates its products to ensure compliance with all applicable federal, state and EU laws. IPC has evaluated its products for compliance with Prop 65.
Pursuant to the Proposition 65 statute, Proposition 65 regulations and applicable federal court decisions, IPC’s products are exempt from Proposition 65. This is because they are manufactured for industrial and commercial use only and are therefore exempt from the Proposition 65 consumer product warning label requirement. In addition, because IPC is an out-of-state, non-California manufacturer, IPC is subject only to federal OSHA warning requirements and is therefore exempt from Proposition 65 occupational warning requirements.
IPC’s products are fully compliant with OSHA’s Safety Data Sheet (SDS) and labeling requirements.