The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986, which is aimed at protecting California citizens and the state’s drinking water sources from toxic chemicals, and to inform citizens about exposures to such chemicals. Proposition 65 requires the state of California to publish and maintain an updated list of chemicals known to cause cancer, birth defects and/or reproductive harm. The list has grown to include approximately 1,000 chemicals since it was first published in 1987. The range of chemicals is diverse, ranging from solvents, plasticizers, additives or ingredients in pesticides, common household products, food, dyes and office products.
The California Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency administers the program and determines whether chemicals meet the scientific and legal requirements to be placed on the list. A chemical that meets the criteria for listing under Proposition 65 will be added to the list. The warning enforcement takes effect one year after the listing date.
Businesses must either provide a warning on the product, or provide notice and warning materials to the authorised agent for a retail seller. The retail seller is responsible for placement and maintenance of the warning materials received.
The proper use of a warning label provides for full compliance. However, many companies see the warning label as not desirable at point of sale and therefore choose to test their products. Proposition 65 does not have any testing process to achieve compliance.
However, if a company has been party to a settlement then they are required to test their products and they will be in compliance if the test meets the requirements of the settlement. A company which chooses not to use a proper warning label and which is not part of a settlement is exposed and can employ testing only to mitigate risk.
The Proposition 65 regulation can be difficult to understand and raises questions on how companies can ensure product compliance. TÜV SÜD is a recognized industry leader in product compliance and monitors and keeps abreast of the latest regulations that will affect your products’ safety and compliance. The professionals at TÜV SÜD can serve as your compliance partner to build a better and safer product for your customers.
TÜV SÜD’s testing services include:
- Testing - TÜV SÜD testing laboratories are equipped to conduct testing related to Proposition 65 requirements. TÜV SÜD is a leader in product compliance and maintains vigilance over industry regulations and standards.
- Documentation - We can review the content of your documentation and advise on any changes necessary to ensure compliance.
- Regulations - TÜV SÜD technical experts keep up-to-date on applicable regulations, and participate in a number of key industry groups and trade organisations.
- Other requirements - We can offer testing in support of Proposition 65 requirements in conjunction with other international regulations and standards.
TÜV SÜD is universally renowned as a leader in product compliance. By partnering with us, you benefit from our acclaimed track record in quality and safety, increasing customer confidence in your brand. The blue octagon mark and the TÜV SÜD brand name are widely recognised. We provide extensive customer service and technical support, ensuring that our clients always come first.
TÜV SÜD has experts who can educate and advise on how to comply with Proposition 65 and your other compliance needs.