Proposition 65, otherwise known as "The Safe Drinking Water and Toxic Enforcement Act of 1986" requires "clear and reasonable warnings" about exposure to certain chemicals that California has determined cause cancer, birth defects or other reproductive harm. These chemicals can be in products that consumers purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information is provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals.
Businesses that operate in the State of California are required to provide “clear and reasonable warning” on products sold in California if there is a chance their products contain any of the chemicals on the list. California requires all 'persons in the course of doing business' whose products are sold in California to comply with Proposition 65, in addition to federal laws for product safety.
What are the new Prop 65 requirements?
The new regulations include changes to listed chemicals and specific requirements for how warnings required for products containing identified chemicals must be provided. Manufacturers may test for the ~900 chemicals noted by the state of California to verify that none are present or they must place the appropriate warning on the product packaging and website. All products may now need a Proposition 65 warning, even if a warning was not previously required.