California Proposition 65 Testing

What is California Proposition 65 testing?

California Proposition 65 testing is designed to identify any product compliance issues with the California Proposition 65 legislation, for the State of California. California Proposition 65 only applies to the state of California, however this includes all products distributed within the state. Therefore, if you are selling or distributing your products into California they must be proposition 65 compliant.

California Proposition 65 is a ballot initiative passed overwhelmingly 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’, California Proposition 65 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), who’s aim is to protect and enhance public health and the environment by scientific evaluation of risks posed by hazardous substances.

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What chemicals are covered under California Proposition 65 legislation?

There are currently in excess of 850 chemicals in the Proposition 65 List. The chemicals listed are known to cause cancer or birth defects 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 Proposition 65?

Under the act, businesses are required to provide a ‘clear and responsible’ 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 BLC, we recommend that you carry out California Proposition 65 testing to ensure their compliance with the legislation.

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Why you need to comply with California Proposition 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.

Why choose BLC to conduct your California Proposition 65 testing?

  • One of the fastest chemical testing laboratories
  • Experts in chemical testing and compliance – over 95 years’ experience
  • Technical support and guidance if and when failures occur
  • Solutions to cleanse and reduce toxic chemicals from your supply chain
  • Expert advice and solutions on legislation and supply chain compliance
  • Access to chemical supply chain specifications

Read more about BLC Chemical Testing

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