Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals.
Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 900 chemicals since it was first published in 1987.
Proposition 65 became law in November 1986, when California voters approved it by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986.
Revised Regulations
In August 2016, OEHHA issued new regulations for clear and reasonable warnings. The new regulations will be effective on August 30, 2018, and will apply to products manufactured after that date, although businesses can begin implementing the new warning language at any time. A consumer product that is manufactured prior to August 30, 2018, and labeled with a warning that complies with the 2008 regulations, is deemed to comply with the new regulations.
The revised regulations state that the goal of OEHHA is to minimize the burden on retail sellers of consumer products, to the extent practicable. To satisfy this directive, the new regulations place the primary responsibility for providing warnings on product manufacturers, producers, packagers, importers, suppliers or distributors. These businesses must either provide a warning on the product or provide a notice and warning materials to the authorized agent for a retail seller and receive a confirmation that the materials were received.