California Proposal 65

Understanding Proposition 65 Compliance for Companies Selling Products in California

Prop 65 requires companies to issue warnings to California residents about significant exposures to chemicals identified by the state as carcinogenic and/or toxic to reproduction. If you sell products in the state of California, you may be affected by the following three cases:

1. Your products do not contain any substance from the current Proposition 65.
2. Your products contain one or more substances from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals), but they are within a "safe harbor" limit (https://oehha.ca.gov/proposition-65/general-info/current-proposition-65-no-significant-risk-levels-nsrls-maximum) or the expected level of exposure is determined in accordance with the OEHHA regulations set out in Article 7 and Article 8 of Title 27 of the California Code, do not constitute significant cancer or reproductive harm.
3. Your products contain one or more substances from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals) above a "safe harbor" limit, and warnings to California residents are required.

If products are above the No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs), the products must be marked with a warning.
An example warning looks like this:
"WARNING: This product may expose you to chemicals, including arsenic, which is known to be carcinogenic by the State of California. For more information, see www.P65Warnings.ca.gov.

How ComplyMarket can help you:

• ComplyDoC: An intelligent IT and first-time open-source cloud solution for sustainable supply chain, chemical and product compliance management to collect information from suppliers.
• Ad-hoc advice: ComplyMarket's team has extensive experience in supporting regulatory compliance with California's Prop 65 law.