California Proposition 65 (Prop 65) Compliance Assistance
California Proposition 65 (formerly The Safe Drinking Water and Toxic Enforcement Act) is a California law that was passed in 1986. The law regulates substances that cause cancer, birth defects, or other reproductive harm, in two ways. The first deals with businesses being prohibited from discharging listed substances into drinking water sources. The second, which is what F2 Labs can assist with, prohibits businesses from knowingly exposing people to these same substances without providing a clear and reasonable warning.
The law is administered by the California Office of Environmental Health Hazard Assessment (OEHHA) and is enforced by the Office of the Attorney General. Failure to comply with these regulations can result in your company being issued a “60-Day Notice” or a “Notice of Violation” and can eventually result in litigation if settlements are not properly reached. If a product sold in California contains a listed chemical that is “known to the state to cause cancer or reproductive safety”, a warning for the product is required if exposure to the listed chemical is above the “Safe Harbor Level” (if one is listed).
F2 Labs can assist in the analysis of a product’s BoM (Bill of Materials) to determine compliance as well as generation of documentation, warning labels, and positional statements per the below:
- BPA Warning Label Requirements
- Supply chain analysis of BoM
- Assessing risk for California Prop 65 substances and associated compliance strategy implantation
- Preparing statements for your company in providing arguments against the listing of a chemical or de-listing of a chemical
- Producing “No Significant Risk Levels (NSRLs)” and “Maximum Allowable Dose Levels (MADLs)” in cases where the OEHHA doesn’t have a listed Safe Harbor Level
- Evaluation to determine if your product falls under the confines of the regulations, helping with compliance of the regulation and whether a warning label should be applied
- Assistance in obtaining Safe Use Determinations for your product from the OEHHA