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CP65

California Proposition 65; CP 65; Prop 65; Safe Drinking Water and Toxic Enforcement Act

United States California Proposition 65 - Safe Drinking Water and Toxic Enforcement Act

 

CP65 is an information disclosure law, initiated by the people with voting rights in California, advocating the right of the public to know about exposure to toxic substances. It was enacted through an environmental initiative vote to address concerns about toxic chemical exposure and ongoing hazards. This initiative later led to the "Safe Drinking Water and Toxic Enforcement Act" which became law in November 1986 with a 63 to 37 vote. This law is commonly known as California Proposition 65, abbreviated as CP 65 or Prop 65.

The current law is the Safe Drinking Water and Toxic Enforcement Act, administered by the Office of Environmental Health Hazard Assessment (OEHHA). It became law in November 1986 and is codified in the California Health and Safety Code, Sections 25249.5 through 25249.13.

Regulated Products or Scope

The regulated scope includes exposure to toxic substances in drinking water and the environment. Drinking water regulation covers the release of chemical-laden water into land or water areas that contaminates drinking water sources. Environmental exposure includes workplace exposure, exposure through consumer products, and exposure to surrounding environmental toxic substances (excluding workplace and consumer products). Among these, exposure through consumer products, such as electronic and electrical products, includes both physical products and catalog or online marketing, which has a larger market impact.

  • Drinking water (releasing water containing chemicals into land or water that contaminates drinking water sources).
  • Exposure in the environment (toxic substance exposure in surroundings, excluding workplace and consumer products).
  • Exposure in the workplace.
  • Exposure in consumer products containing known toxic substances.

Regulatory Requirements

Businesses operating in California must not expose anyone to toxic substances listed under CP65 without first providing clear and reasonable warnings. If a product contains listed substances and exposes people in the state beyond the safe harbor level, a warning label must be displayed; otherwise, it violates CP65.

Regulated Chemicals and Standards

Entities Exempt from Regulation

  • Small businesses with fewer than 10 employees.
  • Public water systems and government agencies.

Labeling Requirements

As an information disclosure law, the key is to provide warning information to end users. Warning labels come in full and short forms and must be provided before product purchase, not requiring the buyer to search for them. Label requirements include:

  • Label content includes
  • Reference examples

Definitions or Explanations of Specific Terms

  • Toxic Substance Exposure
    Refers to exposure to toxic substances through inhalation, ingestion, skin contact, or other pathways affecting humans, drinking water, or the environment.
  • Safe Use Determination (SUD)
    A written statement provided by OEHHA upon request from businesses or trade groups, regarding compliance with CP65 and its implementing regulations.

CP65 Enforcement Methods and Penalties

If a product is reported, evidence can be provided within 60 days of notification. If no evidence is provided or a violation is confirmed, the court may require the cessation of illegal activity and payment of a settlement. Settlement payments are generally allocated to the following three areas (not strictly limited):

  1. Civil penalties (up to $2,500/day per violation)
  2. Ongoing monitoring
  3. Attorney fees

Important Considerations for Related Businesses

  • The exposure level of harmful substances in products must be assessed based on the final product in California. Assessments must be conducted per product, not combined across products. If exposure exceeds the safe harbor level, appropriate warning labels must be provided.
  • Toxicological assessments must be performed by certified California toxicologists to be valid.
  • If OEHHA has not published safe harbor levels for regulated substances, toxicological assessments are still required to determine if the exposure exceeds limits. The assessment must be conducted by certified California toxicologists.
  • Short-form warning labels will be updated soon. It is recommended to use full-form warnings to avoid future re-labeling due to regulatory changes, saving time and resources.

Frequently Asked Questions

Risk Assessment
Phase 1: Product disassembly and testing to provide a risk assessment report for components with potential exposure, showing items tested and results. Phase 2: Toxicological assessment conducted by certified toxicologists based on safe harbor levels, including exposure evaluation and warning label recommendations.
CP65 VOC Testing
For products whose internal components may release VOCs during use, causing user inhalation exposure, a complete VOC test of the product is performed. Combined with risk assessment, this provides a comprehensive evaluation of the product’s CP65 compliance.

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