California Proposition 65

Understanding Proposition 65 Compliance for Companies Selling Products in California

Proposition 65 requires businesses to provide warnings to California residents about significant exposures to chemicals identified by the state as causing cancer and/or reproductive harm. If you sell products in the state of California, you may be interested in the following three cases:

1. Your products do not contain a substance from the current Proposition 65 list.
2. Your products contain one or more substances from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals), but are within the limits of the "safe harbor" (https://oehha.ca.gov/proposition-65/general-info/current-proposition-65-no-significant-risk-levels-nsrls-maximum) or the projected level of exposure will not pose a significant risk of cancer or reproductive harm under OEHHA regulations, available at Article 7 and Article 8 of Title 27 of the California Code of Regulations.
3. Your products contain one or more substances from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals) above the "safe harbor" limit and warnings are required from California residents about significant exposures to chemicals identified by the state as causing cancer and/or reproductive harm.

If products exceed Non-Significant Risk Levels (NSRLs) and Maximum Acceptable Dose Levels (MADLs), products should be labelled with a warning.
An example warning looks like this:
"WARNING: This product can expose you to chemicals, including arsenic, which is known to the State of California to cause cancer. For more information, visit www.P65Warnings.ca.gov."

How ComplyMarket can help you:

• ComplyDoC: is an IT intelligent cloud solution and the world's first open source code for supply chain sustainability Sourcing, chemical and product compliance management to gather information from suppliers.
• Ad hoc consulting: The ComplyMarket team has extensive experience in providing regulatory support to California Proposition 65 legislation.