“Businesses” affected by Proposition 65 include wholesalers, distributors, dealers and retailers, as well the manufacturer, producer, packager, importer and supplier of a consumer product sold in or into California. More limited obligations are imposed on a retail seller who sells products directly to California consumers, including via the internet. A “consumer product” is any article, or component part thereof, including food, which is produced, distributed, or sold for the personal use, consumption or enjoyment of a consumer. (27 CA ADC 25600.1(d)). For more information about the legal advisory, click here.
In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include over 1000 chemicals since it was first published in 1987.
Proposition 65 requires businesses to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. By providing this information, it enables Californians to make informed decisions about protecting themselves from exposure to these chemicals. Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water. The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program. OEHHA, which is part of the California Environmental Protection Agency (CalEPA), also evaluates scientific information on substances considered for placement on the Proposition 65 list.
Proposition 65 – Plain Language – from the Office of Environmental Health Hazard Assessment California Environmental Protection Agency
Proposition 65 Information – provided by NMMA