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Understanding Proposition 65 Compliance for Businesses Selling Products in California

Prop 65 requires businesses to provide warnings to California residents about significant exposures to chemicals that have been identified by the state to cause cancer and/or reproductive harm. If you sell products in the state of California, you can be impacted under the following three cases:

1. Your products do not contain a substance from the current Proposition 65
2. Your products contain a substance/s 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 anticipated exposure level will not pose a significant risk of cancer or reproductive harm according to OEHHA regulations, which are available at Article 7 and Article 8 of Title 27, California Code of Regulations.
3. Your products contain a substance/s from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals) above a "safe harbor" limit and warnings to California residents about significant exposures to chemicals that have been identified by the state to cause cancer and/or reproductive harm are required.

If products are above the No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs), products must be labeled with a warning.

A sample 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, go to www.P65Warnings.ca.gov.”

How ComplyMarket can help you:

• ComplyDoC: is an intelligent IT and first ever open source code cloud solution for Supply Chain sustainability, chemical & product compliance Management to collect information from suppliers.
• Ad-hoc consulting: ComplyMarket's team has extensive experience in providing regulatory support to California Prop 65 legislation.