California Proposition 65: Safe Drinking Water and Toxic Enforcement Act

California Proposition 65 requires businesses to provide warnings about significant human exposure to chemicals that cause cancer, birth defects, or other reproductive harm. These chemicals may be in products that people purchase, are in their homes or workplaces, or are released into the environment. Proposition 65 requires this information to be provided, allowing people to make informed decisions about their exposure to these chemicals. The proposition also prohibits businesses from knowingly discharging significant amounts of listed chemicals into drinking water supplies.

Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. That list, which must be updated at least annually, was first published in 1987 and has expanded to include nearly 900 chemicals to date.

Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act, prevents the state's drinking water supply from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm and requires businesses to notify people about exposure to such chemicals.

The Proposition 65 list includes a wide variety of naturally occurring and synthetic chemicals that are additives or ingredients in pesticides, common household products, foods, drugs, paints, or solvents. Listed chemicals may also be used in manufacturing and construction or may be byproducts of chemical processes, such as motor vehicle exhaust.

If a warning is placed on a product label or is posted or distributed in a workplace, business, or rental residence, the business posting the warning is aware of or believes that it is exposing people to one or more of the listed chemicals. By law, the warning must be given for listed chemicals unless exposure is so low that it does not pose a significant risk for cancer or is significantly below levels observed to cause birth defects or other reproductive harm.

The Office of Environmental Health Hazard Assessment administers the Proposition 65 program. Part of the California Environmental Protection Agency, this agency determines in many cases whether chemicals meet the scientific and legal requirements for placement on the list and administers the regulations, which include warnings and other aspects of the program.

California Proposition 65 in brief,

• Requires businesses to post warnings if their products or facilities expose people to significant amounts of harmful chemicals.
• The state of California maintains a regularly updated list of chemicals known to cause cancer or reproductive harm.
• It covers not just manufacturing or industrial processes, but products, places and even emissions.

A simple California Proposition 65 warning label states, “WARNING: This product contains a chemical known to the State of California to cause cancer or birth defects or other reproductive harm.” This label is designed to inform, not to state that a product is unsafe in typical use. It simply states that the product contains a chemical above a certain threshold that is considered potentially harmful. Businesses often label products to avoid lawsuits, even if the risk is minimal.

A few examples of how California Proposition 65 impacts specific products and industries include:

• Consumer products (many products are labeled for even trace amounts of chemicals):
  • Electronic products may have warnings due to lead or phthalates in cables or cases.
  • Furniture may be labeled due to formaldehyde in adhesives or wood composites.
  • Makeup and lotions may be marked due to certain preservatives or fragrances.
• Industrial and construction (tools, building materials, paints, adhesives):
  • Workers may be exposed to silica dust, solvents, or heavy metals.
  • Contractors and businesses must post area warnings at construction sites or workplaces.
  • Even some home improvement products, such as tiles or grouts, may carry a warning.
• Food and beverages (coffee, alcohol, fast food, snacks):
  • Coffee once faced Prop 65 issues due to acrylamide, a byproduct of roasting beans, but is exempt today)
  • Alcoholic beverages carry warnings because of alcohol-related risks of cancer and birth defects.
  • Processed or fried foods may contain acrylamide or arsenic, especially things like potato chips or rice-based snacks.
• Automotive and transportation (car parts, motor oil, gas stations, parking garages):
  • Products such as brake pads, car batteries or tire care products may contain lead or benzene.
  • Gas stations often post signs because of fuel fumes and the potential for exposure to the chemicals listed.
  • Parking garages sometimes have warnings because of emissions from cars in enclosed spaces.

Although the warnings may sometimes seem excessive, this practice increases awareness and the market becomes more healthy, cleaner and more transparent.

Our organization, which has been trying to support businesses from every sector with its testing, measurement, analysis and evaluation studies carried out in a wide range for years, has a strong staff that closely follows the developments in the world in the field of science and technology and constantly improves itself. In this context, testing services are also provided to businesses within the scope of California Proposition 65: Safe Drinking Water and Toxic Substance Application Act.