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.
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.
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.
The Proposition 65 chemical list covers carcinogens, reproductive toxins, or chemicals that cause birth defects. Since 1987, over 960 substances have been listed. Each year, qualified experts review the list to determine whether substances should be added, removed, or maintained. Once listed, manufacturers or distributors must comply with warning label requirements within 12 months. The detailed CP65 chemical list can be downloaded from OEHHA's official website The Proposition 65 List - OEHHA (ca.gov).
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):
- Civil penalties (up to $2,500/day per violation)
- Ongoing monitoring
- Attorney fees
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