Proposition 65
- Abbreviation
- Prop 65
- Also known as
- Prop 65, Safe Drinking Water and Toxic Enforcement Act of 1986
Proposition 65 is a California law, formally the Safe Drinking Water and Toxic Enforcement Act of 1986, that requires businesses to warn Californians about significant exposures to chemicals the state lists as causing cancer, birth defects or other reproductive harm.
What is Proposition 65?
California voters approved Proposition 65 in 1986. The law requires the state to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to provide a clear and reasonable warning before knowingly exposing people in California to those chemicals, unless the exposure is below a level the law treats as not significant. The list is maintained by California’s Office of Environmental Health Hazard Assessment (OEHHA) and includes hundreds of chemicals.
The law also prohibits businesses from knowingly discharging listed chemicals into sources of drinking water.
How warnings work
- The requirements apply to businesses with ten or more employees.
- OEHHA sets safe harbor levels for many chemicals, below which no warning is required.
- Warnings appear on products, packaging, shelf signs and websites, and in workplaces and public places.
Enforcement is by the state and, notably, by private parties who can sue on the public’s behalf, which has made warnings very common.
Why it matters for ingredients
A listed chemical, even as a trace contaminant, can trigger a warning requirement for a product sold in California. For example, 1,4-dioxane, a possible trace byproduct of ethoxylation, is on the list. Formulators therefore check ingredients against the list, and many prefer ingredients that allow products to be sold without a warning.
Frequently asked questions
Not necessarily. It means the product can expose people to a listed chemical above the safe harbor level, or that the business chose to warn rather than assess the exposure. It is a disclosure requirement, not a ban.
The law applies to exposures in California, but because many products are sold nationally, labels and formulations are often designed to comply everywhere.
Sources
- Proposition 65, California Office of Environmental Health Hazard Assessment (OEHHA)