California Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn Californians about exposure to chemicals that may cause cancer, birth defects or other reproductive harm. A Proposition 65 Certificate of Compliance is a document that certifies that a product complies with the requirements of Proposition 65.
Key Aspects of a Proposition 65 Certificate of Compliance:
Chemical List: Proposition 65 requires the state to publish a list of chemicals that may cause cancer, birth defects or other reproductive harm. This list must be updated at least once a year and has grown to include more than 900 chemicals.
Warning Requirement: Businesses must provide a clear and reasonable warning before knowingly and intentionally exposing someone to a listed chemical. This warning can be provided in a variety of ways, including product labeling, signs in the workplace or distribution of notices.
No Significant Risk Level (NSRL) and Maximum Acceptable Dose Level (MADL): The Office of Environmental Health Risk Assessment (OEHHA) has established NSRLs for carcinogens and MADLs for chemicals that cause reproductive toxicity. If the risk is below these levels, a warning is not required.
Certificate of Compliance: This document indicates that a product has been tested and found to comply with Proposition 65 requirements, meaning it does not contain any listed chemicals above the safe harbor levels or that it properly labels the product with required warnings, if applicable.
Typical contents of a Proposition 65 Certificate of Compliance:
Product Identification: A description of the product(s) covered by the certificate.
Chemical Test: Information about the chemicals tested in the product.
Test Results: Details about whether chemicals were detected and, if yes, at what levels.
Statement of Compliance: A declaration that the product either does not contain listed chemicals above the threshold levels or that it has appropriate warning labels.
Testing Laboratory: Information about the laboratory performing the testing, including accreditations and methods used.
Importance of the certification:
Consumer Safety: Ensures that consumers are informed about potential exposure to harmful chemicals.
Legal Compliance: Helps businesses avoid fines and legal actions associated with noncompliance with Proposition 65.
Market Access: Facilitates market entry and acceptance of products in California, where there are strict environmental and health regulations.
Businesses, especially those selling products in California, must be aware of Proposition 65 requirements and ensure that their products comply to avoid penalties and maintain consumer confidence.
