PROP 65 Consulting services

The California Prop 65 list is continuously growing and maintained in the Enviropass' product compliance form that you are free to use while gathering Cal Prop 65 data from your supply chain. Further information on the California Proposition 65 is available on p65warnings gov.

Similarly to RoHS and REACH, Enviropass recommends a documentary approach with risk assessments of the supply chain to do California Proposition 65 testing and provide the right warning notice for California residents.

This approach offers the best money value and avoids numerous and expensive chemical analyses.  

Enviropass can assist you in both:

• identifying the presence of substances in your products; and
• marking your products accordingly.

Request your free demo and see how Enviropass can assist you!

The California Proposition 65, also called Cal Prop 65, Cali Prop 65 or simply Prop 65, stems from an old regulation called the Safe Drinking Water and Toxic Enforcement Act of 1986.

The idea behind this act is that every Californian citizen has the right to know his exposure to hazardous chemicals.  This approach is similar to the EU REACH SVHC list.

The primary target of the Cali Prop 65 is to protect drinking water from a list of chemicals, listed by the state of California.

The California Proposition 65 list is regularly maintained and updated by the California Office of Environmental Health Hazard Assessment (OEHHA).  Hundreds of chemicals have been listed over the years.

The Cal Prop 65 law requires providers to notify the consumer whether a product contains at least one chemical known to cause health issues (cancer, birth defects, etc.).

Some of the chemicals in the Prop 65 list have no significant risk levels (NSRLs), or maximum allowable dose levels (MADLs).  In this case, you don't have to notify the consumer if you can demonstrate that all of the present chemicals are below their  NSRLs or MADLs levels.  To do so, toxicology studies may be necessary.

If any substance in the Prop 65 list is contained, or likely to be present in your products, workplace, and or a public area, such as a hotel, then a specific warning is requested.

• name at least one of the Prop. 65 substances contained in a specific product.

• provide the following link to the Office of Environmental Health Hazard Assessment (OEHHA) website: www.P65Warnings.ca.gov.

• have on the label a triangular yellow warning symbol along with the word WARNING.

The Prop. 65 warning can take various forms depending on the risks of exposure caused by the substances present in a product, which are either:

• Carcinogens;
• Reproductive toxicants;
• both carcinogens and reproductive toxicants.

It is also possible to provide a short-form warning.

The short-form warning is a valid option, under certain conditions, which are currently being revised. Indeed, the OEHHA is currently proposing an amendment to Article 6, Clear and Reasonable Warnings Short-form Warnings, to control the use of the Prop. 65 short-form notice.

If approved, the amendment will include the following four conditions to the short-form safe harbor warning:  

• The total surface area of the product label available for consumer information is 5 square inches or less, and;  

• The package shape or size cannot accommodate the full-length warning described in Section 25603(a), and;

• The entire warning is printed in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than 6-point type.  

• The short-form warning contains the name of one or more chemicals known to cause cancer and/or reproductive toxicity. (This information will no longer be allowed to be omitted from the product Prop 65 warning.)  

It is recommended to verify with your supply chain whether any chemical in the Prop.65 list is present in your product, especially for parts that can be in direct contact with the consumer under normal conditions of use, such as:

• buttons
• cables
• casings
• labels
• connectors
• screens
• batteries
• packaging items, etc.

A risk assessment can be necessary, to confirm the substance(s) on the Prop 65 list that may have to be declared.

Enviropass is here to assist you in this endeavor.   Ask Enviropass for a free demo!