approved by California voters in
1986 which potentially impacts every
manufacturer, importer, distributor
and retailer with an expectation that
their products will make their way into
California. These companies need not
be located in California. Its official title
is the "Safe Drinking Water and Toxic
Enforcement Act of 1986," commonly
called "Prop 65." It is codified in Health
& Safety Code §§25249.5, et seq. and
requires that the state publish a list
of chemicals known to cause cancer,
harm. It imposes two sets of regulatory
criteria on businesses using these listed
chemicals. The chemical list, which is
updated at least once per year, currently
includes over 800 chemicals. The Prop
65 program is administered by the
Office of Environmental Health Hazard
Assessment (OEHHA), which is a part of
the California Environmental Protection
Agency (Cal/EPA).
Prop 65 has two components. First,
it prohibits California businesses from
knowingly discharging significant amounts
of the listed chemicals into sources of
drinking water. Second, it requires that
businesses notify all potentially exposed
users in California about significant
amounts of the listed chemicals in their
products. Each component of Prop 65
has its own time frame for compliance
following the listing of a chemical. The
second component is the primary focus
hereafter.
occurring and synthetic, and not
just individual chemicals, but also
compounds as well as ingredients in
products such as drugs, pesticides,
solvents, common household products,
dyes and foods. Listed chemicals may
also be used in manufacturing and
construction. Examples include alcoholic
beverages, coal emissions, arsenic,
nickel, toluene, estrogens, leather dust,
lead, benzene, phthalates, chromium,
aspirin, wood dust, tobacco, aloe vera
and tetracycline. Chemicals occasionally
are delisted by OEHHA as scientific
opinions change.
Requirements?
reformulate to remove listed chemicals,
which can have continued use if the
businesses warn about these potential
chemical exposures. These warnings
& Murphy, LLP. His practice includes
representing corporations in federal and
state court in cases involving product liability,
transportation, construction defect and
Proposition 65.
& Murphy, also defends corporations in
Proposition 65 litigation and contributed to
this article.
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