California Proposition 65 Data Services
California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) requires businesses to inform Californians about exposures to chemicals known to cause cancer, birth defects, or other reproductive harm.
The state of California maintains and updates a list of chemicals known to the state to cause cancer or reproductive toxicity, and if a business exposes the public in California to any of the chemicals on that list, either through their products or at their business locations, then the business must inform the public prior to exposure through a “Clear and Reasonable Warning.”
GreenSoft Technology will collect and validate your chemical data, while RegTox Solutions will provide you with an exposure risk assessment, so that you can be sure you’re in compliance with California Proposition 65.
Businesses found in violation of CA Prop 65 can be liable for millions of dollars in penalties
Failure to inform the public prior to exposure is prosecutable by the California Attorney General’s Office, by district or city attorneys, and by “any individual acting in the public interest.” This means that “bounty hunter” lawyers can sue businesses on behalf of the public, and they have done so regularly since the implementation of the law. Penalties for being found in violation of CA Prop 65 can be as high as $2,500 per violation (per exposed person), per day.
Warning label requirements changed in August 2018
Amendments to the “Clear and Reasonable Warnings” section of CA Prop 65 took effect on August 30, 2018. These changes require affected businesses to identify which product or location exposes the public to the regulated chemicals and identify at least one of the chemicals to which the public would be exposed, among other requirements.
In the past, many businesses required to comply with CA Prop 65 would simply affix the general CA Prop 65 warning label to their products or post it within their business locations whether or not the business was certain of the chemical exposure risk level in order to mitigate the company’s liability risk for not adhering to the regulation. The goal of the amendments is to curb this practice and provide more detailed and accurate information to the California public regarding chemical exposure risk.
Read more about the August 2018 CA Prop 65 amendments on our blog.
A complete CA Prop 65 solution
Compliance with California Proposition 65 requires affected businesses to have detailed knowledge of the chemicals that their products or business locations contain and expose to the public.
In order to know which chemicals are exposed to the public, a business must collect substance data on the products that it sells to the public in California or the products that it uses within its California business locations.
And in order to evaluate the exposure level of those substances to determine which warning label requirements are applicable, businesses must conduct an exposure analysis.
- Collect substance data on your products from your suppliers on your behalf.
- Validate the collected data for completeness and accuracy.
- Contact and provide guidance to your suppliers as many times as it takes to obtain complete and accurate data.
- Check the substance data received from your suppliers against the list of chemicals regulated under CA Prop 65
- RegTox will assess any Prop 65 flags identified by GreenSoft to assess compliance and/or conduct an exposure assessment to estimate whether the use of substances results in exposure to any chemicals above the limits which trigger warning label requirements.
With GreenSoft Technology and RegTox Solutions to collect and analyze your substance data for you, you can focus on your core business while resting assured that you are meeting your CA Prop 65 legal requirements.
Contact us to learn more and get started.