New California Prop 65 Warning Requirements Begin in August 2018
From August 30, 2018, businesses operating in California must conform to the new requirements for a Prop 65 Warning.
- (1888PressRelease) August 21, 2018 - In August 2018, the requirements for a ‘clear and reasonable’ warning under the California Proposition 65 regulation, known as Prop 65, will change. Failure to comply with the requirements of this regulation can result in litigation with the possibility of a penalty of up to USD 2,500 per day for each violation.
The updated Prop 65 Warning requires the manufacturer or supplier to stipulate on the label that the product “can expose you to”, rather than “contains”, when referring to a specific substance included on the Prop 65 List of chemicals known to the Californian authorities to cause cancer, birth defects or reproductive harm.
The warning must be:
• A graphic triangular yellow warning symbol containing a black exclamation point with a black outline
• Contain the word “WARNING” in bold print and capital letters
• Specify the name of at least one listed chemical that prompted the warning
• Include the internet address for OEHHA’s new Proposition 65 warnings website, www.P65Warnings.ca.gov, which includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to the chemicals
• For certain warnings, where other consumer information is provided in a language other than English, the warning must also be provided in that language
Examples of the ‘safe harbor’ warnings for an exposure to one or more chemicals that are either carcinogens or reproductive toxicants is:
• WARNING: This product can expose you to chemicals including [name of one or more chemicals] which is [are] known to the State of California to cause cancer [ or birth defects or other reproductive harm]. For more information, go to www.P65Warnings.ca.gov.
For a ‘safe harbor’ warning for exposures to one or more chemicals that are listed as both a carcinogen and a reproductive toxicant:
• WARNING: This product can expose you to chemicals including [name of one or more chemicals] which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
For a ‘safe harbor’ warning for products that contain multiple listed chemicals, some of which are carcinogens and some of which are reproductive toxicants:
• WARNING: This product can expose you to chemicals including [name of one or more chemicals] which is [are] known to the State of California to cause cancer and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
There is also a provision for “short form” of the warning label.
The new regulations also clarify and apportion the primary responsibility for providing the requisite Prop 65 Warning on product manufacturers, producers, packagers, importers, suppliers or distributors. Businesses are required to either:
• Label the product with a compliant warning
• Supply retailers with a notice and warning materials that specifically identifies the product which requires the Prop 65 Warning. They must also receive an acknowledgement that these have been received. The notice must be renewed after six months for the first year and then annually
Prop 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer-led initiative that requires the state to maintain a list of chemicals known to cause cancer, birth defects or reproductive harm. Since it was first published in 1986, the list has evolved and now contains more than 860 chemicals.
Once a chemical is listed, companies are required to provide a ‘clear and reasonable’ warning, before knowingly and intentionally exposing anyone to the substance, and cease discharging it into sources of drinking water. Exemptions to the requirements of Prop 65 include businesses with less than ten employees, government agencies, and businesses where exposure creates no significant risk of cancer, birth defects or other reproductive harm.
The new requirements for a ‘clear and reasonable’ warning come into effect for newly manufacturered items on August 30, 2018. Until this date responsible parties may use either the old or new labeling requirements.
SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65]
SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full Compliance with the New California Proposition 65 Warning Requirements in August 2018 SafeGuardS. [www.sgs.com/en/news/2018/08/safeguards-11018-compliance-with-the-new-california-proposition-65]
Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.
For further information contact:
Louann Spirito
Consumer and Retail — Softlines
US & Canada Softlines Business Head
Tel: +1 973 461 7919
Email: crs.media ( @ ) sgs dot com
Website: www.sgs.com/softlines
About SGS
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 95,000 employees, SGS operates a network of over 2,400 offices and laboratories around the world.
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