Proposition 65

How to Remain Compliant with Proposition 65

If you’re a Californian, you are no doubt familiar with the high regulatory nature of the state. In 2016, a new regulation was adopted to update warning requirements for consumer products sold to customers in California that are known to contain certain harmful chemicals. The new regulation – Proposition 65 – is related to the Safe Drinking Water and Toxic Enforcement Act of 1986. Two years after the implementation of the proposition, it finally goes into effect August 0f 2018, so being prepared will benefit your business and decrease the risk of fines.

Understanding Proposition 65

The California regulation requires that “clear and reasonable” warning labels be visible regarding the exposure of specific chemicals found within certain products. These chemicals have been determined to cause cancer, birth defects and additional reproductive harm. Products that contain one of more of these chemicals identified as Proposition 65 specific within the state of California must display an on-product warning label to remain in compliance. The warning may be part of the primary product label or affixed as a secondary label.

Regulation Specifics

As the state of California continues to explore the safety of certain chemical components, many items may change in status, from non-Prop 65 to falling under the Prop 65 categorization. A product that was previously exempt may now require a Proposition 65 warning label, and existing Prop 65 identified products may require that labels be updated to remain as accurate and compliant as possible. New regulations offer detailed information on how warning labels must be displayed on products. You can find more information on regulation specifics and how your business can remain compliant by clicking the following links:

• Plain language overview of California Proposition 65: LINK
• Information on clear and reasonable notice requirements: LINK
• Information on specific chemicals and substances regulated by Proposition 65: LINK
• Specific statutory and regulatory information for Proposition 65: LINK

What Else You Can Do to Be Compliant

At SCL, we take local, state and federal regulations seriously, and we prioritize being up to date and compliant, including being compliant with Proposition 65. Says Dean Moss, SCL’s Director of Safety & Compliance, “We are currently Proposition 65 compliant at all of our facilities and posted the most up-to-date new warning signs a couple of months ago.” It is important that your business consider creating a Proposition 65 implementation plan to begin moving in the direction of compliance as soon as possible, to support your business in avoiding costly fines. If your company requires assistance with product testing to determine whether or not certain chemicals fall under the category of Proposition 65 labeling, contact a certification agency or consultant. 

The Bottom Line

As a business that carries products subject to Proposition 65 regulations, we recommend familiarizing yourself with the chemicals identified by the state of California to cause cancer, reproductive harm, or both. It would be to the benefit of your business to complete any and all required Proposition 65 warning label updates on your product packaging as soon as possible, as the August deadline for legal enforcement of the proposition is now here.

Contact an SCL Consultant Today

In a wide range of industrial sectors, SCL is committed to being the number one logistics and solutions provider for the products that protect and optimize the machines that keep our country moving. We pride ourselves on remaining at the forefront of industry trends and technological innovations, and as the market continues to evolve, we are committed to providing extensive product and industry knowledge and total performance satisfaction for our customers. For information on how we can assist your fleet in choosing the optimal products at a competitive price, contact an SCL consultant today.