WHAT IS PROP 65?

In 1986, the state of California passed the Safe Drinking Water and Toxic Enforcement Act, also known as Proposition 65. This initiative requires the state to publish a list of the chemicals that are known to cause cancer, birth defects, or other reproductive harm. According to the terms of this initiative, the list must be updated at least once a year to include any new chemicals that have been found to cause harm. Prop 65 currently includes more than 800 chemicals.

Prop 65 also requires businesses to provide a warning or notification to Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. The motivation behind this initiative is that individuals will be able to make more informed decisions. The proposition also prohibits California businesses from discharging these chemicals into sources of drinking water.

WHICH CHEMICALS ARE ON THE PROP 65 LIST?

As stated above, the Proposition 65 list is re-evaluated every year with more than 800 chemicals currently present on the list. The list includes any naturally occurring or synthetic chemicals that are known to cause cancer, birth defects, or other reproductive harm. Chemicals on the Prop 65 list include items that you can find in everything from food and drugs to pesticides, dyes, solvents, and many household products. According to the Safe Drinking Water and Toxic Enforcement Act, all products that contain one or more of these chemicals on the Prop 65 list at above safe harbor levels must contain a warning to the consumer.

Test tube containing chemical liquid in laboratory, lab chemistr

PROP 65 HEAVY METAL TESTING

Many heavy metals such as thallium, mercury, arsenic, chromium, lead, and cadmium make the Prop 65 list. Naturally occuring in the earth’s crust, heavy metals may enter our bodies in small amounts through drinking water, food, and air. However, heavy metals are especially dangerous because they bioaccumulate, meaning that they accumulate and build up in our bodies over time even if the amount in our environment remains low.

As a manufacturer, it’s essential to have your products tested for heavy metals. It’s the only way to understand whether or not your product requires a Proposition 65 warning label for heavy metals.

UNDERSTANDING SAFE HARBOR LEVELS

A safe harbor level is the maximum level of a listed chemical that is allowed in a product without the need for a Prop 65 warning label. A product that contains a level lower than the safe harbor level is considered to not pose a significant risk. Each chemical has a different safe harbor level based on research and testing.

Male attractive student of chemistry working in laboratory

DETERMINING IF YOUR PRODUCT CONTAINS PROP 65 METALS

When it comes to determining whether your product contains any Prop 65 chemicals or requires heavy metal testing, the team at Tentamus California recommends following these points:

  1. Begin by researching what chemicals and heavy metals are most likely to occur in your product or raw materials. You can find some of this information by contacting resources such as your suppliers, laboratories, and trade associations.
  2. Next, request statements of Prop 65 compliance from your material suppliers.
  3. You will also want to obtain Prop 65 testing results from your material suppliers.
  4. If your material supplier does not have Prop 65 testing results available, send your raw material to Tentamus San Diego to run Prop 65 and heavy metal testing.
  5. Choose an accredited third-party lab such as Tentamus San Diego to test your finished product for Prop 65 chemicals and heavy metals as well.
  6. Next, compare the Prop 65 test results with the safe harbor levels of each chemical found in your product.
  7. Consider whether there are ways to reduce Prop 65 chemicals from your products.

PROP 65 WARNING LABEL REQUIREMENTS

According to Proposition 65, if a product or ingredient contains a Prop 65 chemical above safe harbor levels, it must have a warning directly on the label or one provided to retailers, wholesalers, or manufacturers when a label warning is not possible.

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