There are growing concerns regarding product safety, especially for consumer products that are available to the general public. Different countries and different product categories have different safety rules and regulations. Recently we received client enquiries about the California Proposition 65 (“Prop 65”), so we would like to take this opportunity to update you on the details of this safety regulation.
• What is Proposition 65?
Proposition 65 is officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986. This proposition protects the state's drinking water sources
from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians
about exposures to such chemicals.
• What product scope and requirements are covered under Proposition 65?
Under “Prop 65”, all consumer products for all age groups must comply with a list of chemicals known to the state to cause cancer or reproductive toxicity.
In 2014 this list has grown to include over 800 chemicals.
Unlike the Consumer Product Safety Improvement Act (CPSIA) which involves the compliance of chemical, physical and mechanical requirements, “Prop 65” is
only subject to the compliance of chemical requirements.
• How may this affect the delivery of your product to California?
This proposition does not ban or restrict the use of any listed chemical. However, a “clear and reasonable” warning label must appear on products sold in
California if the restricted chemicals of product exceed the exposure limit stated by Prop.65, regardless of whether the business is located in California or
out of state. Once a chemical is listed, businesses have 12 months to comply with its prohibition.
Businesses are subject to civil penalties of up to $2,500 per day for each violation. The enforcement is carried out through civil lawsuits brought by the
California Attorney General. For more information about “Prop 65”, you can browse The Office of Environmental Health Hazard Assessment’s (OEHHA) official
website
here.
In the next issue we will update you on our latest product safety management methods to help you better understand how Leo takes preventative measures to help protect your interests and differentiate ourselves from others in the industry. Stay tuned!
If you have any concerns related to this regulation and your product delivery, please do not hesitate to contact our sales representatives.
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