What is Proposition 65 and why should I be aware of it if I sell products in the USA?

Chemical compliance is part of product compliance and affects your product development decisions.

What is Proposition 65 (also known as Prop65) and how does it relate to products?
Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a proposition of the State of California enacted as a ballot initiative in November 1986. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to such chemicals. These chemicals are found in many products.

What is the Proposition 65 List?
The Proposition 65 list is a list of a wide range of naturally occurring and synthetic chemicals that cause cancer or birth defects or other reproductive harm. These chemicals include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust. They could also occur as contaminants in commonly used materials. In plastics and electronics, fire retardants, heavy metals and phthalates are commonly used.

What is included in the current list?
The current list includes over 1000 chemicals and is regularly updated. Many of these can be found in plastics, coatings, textiles and electronic components.

What do I have to do as a product developer, supplier or manufacturer?
If you supply products to the USA that may be sold in California, whether through a physical store or online, you need to ensure warnings are provided that relate to any of the chemicals in the list that may be found in your products. The warning must be present at the point of sale and must be in a particular format.

How do I know whether my products contain any of the listed chemicals?
There are a number of different ways you can determine this. The first step is to talk to your supply chain and request certifications or declarations as to the Proposition65 status of the materials or parts you purchase. If your product contains batteries, plastics, electronics, metal coatings, dyes or fire retardants, there is a higher chance that your product will contain some of the listed chemicals.  Contaminants, particularly in recycled plastics, may also be a source.

Are there any exemptions for the warning label requirements?
The OEHHA has developed safe harbor levels for many Proposition 65 chemicals under which a warning would not be required.  Where the OEHHA has not established a safe harbor level for a chemical, businesses that expose individuals to that chemical would be required to provide a Proposition 65 warning, unless the business can show that the anticipated exposure level will not pose a significant risk of cancer or reproductive harm.

How does the process of compliance benefit my product development business?
While the process of determining what chemicals are found in your products can seem like a lot of work, greater transparency into your supply chain and the composition of your products is part of the process of building greater knowledge within your business. Gaining this level of insight and detail can help you make better product decisions that benefit your customers and the environment, and can also protect the health of those throughout your supply chain. Additionally, you can better anticipate future scarcities around materials, further future restrictions in other markets and improve the properties of your products.

How do I get started?
We can help you to put together and implement a strategy around addressing the requirements of this and other similar chemical regulations for products.

www.rbdevelopment.co.nz/connect
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