About California Proposition 65

What is Proposition 65?

California's Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (Prop 65), requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.

These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals.

Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.

The Proposition 65 List

The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program. OEHHA, which is part of the California Environmental Protection Agency (CalEPA), maintains a list of chemicals known to the state to cause cancer, birth defects or other reproductive harm.

This list, which must be updated at least once a year, has grown to include approximately 900 chemicals since it was first published in 1987.

Chemicals are added to the list through several mechanisms, including through findings by state or federal agencies or through qualified experts who determine a chemical meets the criteria for listing.

Warning Requirements

Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be given in different ways, such as by labeling a consumer product, posting signs at a workplace, or publishing notices in a newspaper.

Once a chemical is listed, businesses have 12 months to comply with warning requirements. For exposures to chemicals that cause reproductive harm, warnings must be provided if the exposure is at a level that would present a risk of reproductive harm to 1 in 100,000 people. For exposures to chemicals that cause cancer, warnings must be provided unless the business can demonstrate that exposure poses "no significant risk."

Enforcement and Penalties

Proposition 65 is enforced through civil lawsuits. These lawsuits may be brought by the California Attorney General, district attorneys, city attorneys (for cities with a population over 750,000), or by private parties acting in the public interest.

If a business is found to be in violation of Proposition 65, it may be subject to penalties of up to $2,500 per violation per day.

Private parties bringing successful enforcement actions can recover attorneys' fees. This has led to a significant number of lawsuits against businesses, sometimes known as "bounty hunter" lawsuits.

Who is Affected?

Proposition 65 applies to companies that:

• Have 10 or more employees
• Operate within California
• Sell products in California
• Create or contribute to exposures to a listed chemical

Small businesses with fewer than 10 employees, governmental agencies, and public water utilities are exempt from the warning requirement and discharge prohibition.

How Our Scanner Helps

The SmarterX Prop 65 Scanner helps businesses by:

• Checking product ingredients against the current Prop 65 chemical list
• Identifying which specific chemicals require warnings
• Providing information about the risk type (cancer, reproductive harm, etc.)
• Generating reports for compliance documentation
• Offering warning label templates that meet requirements

While our scanner is a valuable tool for initial screening, we recommend consulting with a regulatory expert for final compliance determinations, especially in complex cases.