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In response to a growing concern about exposure to toxic chemicals, California voters approved an initiative in November 1986 called the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. This Act became effective on January 1, 1987 and requires the State of California to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm at least once per year. Basically the Act has two primary goals:
- To protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects, or other reproductive harm;
- To inform citizens about exposure to such chemicals.
It accomplishes this by requiring that clear and reasonable warnings be provided to any person exposed to a chemical known to the state to cause cancer, birth defects, or other reproductive harm. Proposition 65 includes the following major components:
- The annual listing of chemicals known to cause cancer or reproductive toxicity.
- The prohibition on contaminating drinking water with chemicals known to cause cancer or reproductive toxicity.
- The requirement for warnings to be provided before exposure to chemicals known to cause cancer or reproductive toxicity.
- The obligation of designated government employees to report illegal discharges or threatened illegal discharges.
Many of the more than 775 chemicals subject to the Safe Drinking Water and Toxic Enforcement Act are also hazardous substances or ingredients of products regulated as hazardous substances pursuant to General Industry Safety Orders (which require maintaining airborne workplace exposures at less than specified levels or PELs) and to the Hazard Communication Standard (which requires information and training for workers on chemical hazards). Regulations issued to implement Proposition 65 recognize this overlap and state that warnings given as part of hazard communication compliance are deemed to be in compliance with this Act.
Scope
All California businesses with 10 or more employees must comply with Proposition 65’ warning requirements and prohibition on discharges into drinking water sources. Additional exemptions include:
- If exposures to listed carcinogens would result in a risk lower than the “no significant risk level.”
- For government agencies at the local, state, and federal levels.
- For operators of public water systems.
Regulatory citations
- Title 27, EP 25102 — Definitions
- Title 27, EP 25203 — Interpretive Guideline Request
- Title 27, EP 25204 — Safe Use Determination
- Title 27, EP 25205 — Lead Agency Website
- Title 27, EP 25302 — Science Advisory Board
- Title 27, EP 25303 — Compensation
- Title 27, EP 25304 — Financial Disclosure
- Title 27, EP 25305 — Power and Duties
- Title 27, EP 25401 — Discharge of Water Containing a Listed Chemical at Time of Receipt
- Title 27, EP 25403 — Discharges from Hazardous Waste Facilities
- Title 27, EP 25405 — Discharge of a Pesticide
- Title 27, EP 25501 — Exposure to a Naturally Occurring Chemical in a Food
- Title 27, EP 25502 — Exposure to a Listed Chemical in Drinking Water
- Title 27, EP 25503 — Exposure to Water
- Title 27, EP 25504 — Exposure to Air
- Title 27, EP 25601 — Clear and Reasonable Warnings [Operative Until August 30, 2018]
- Title 27, EP 25602 — Definitions [Operative Until August 30, 2018]
- Title 27, EP 25603 — Consumer Products Warnings [Operative Until August 30, 2018]
- Title 27, EP 25603.1 — Consumer Products Exposure Warnings - Methods of Transmission [Operative Until August 30, 2018]
- Title 27, EP 25603.2 — Consumer Products Exposure Warnings - Content [Operative Until August 30, 2018]
- Title 27, EP 25603.3 — Warnings for Specific Consumer Products Exposure [Operative Until August 30, 2018]
- Title 27, EP 25604 — Occupational Exposure Warnings [Operative Until August 30, 2018]
- Title 27, EP 25604.1 — Occupational Exposure Warnings - Methods of Transmission [Operative Until August 30, 2018]
- Title 27, EP 25604.2 — Occupational Exposure Warnings - Content [Operative Until August 30, 2018]
- Title 27, EP 25605 — Environmental Exposure Warnings [Operative Until August 30, 2018]
- Title 27, EP 25605.1 — Environmental Exposure Warnings - Methods of Transmission [Operative Until August 30, 2018]
- Title 27, EP 25605.2 — Environmental Exposure - Content [Operative Until August 30, 2018]
- Title 27, EP 25600 — General. [Operative August 30, 2018]
- Title 27, EP 25600.1 — Definitions. [Operative August 30, 2018]
- Title 27, EP 25600.2 — Responsibility to Provide Consumer Product Exposure Warnings. [Operative August 30, 2018]
- Title 27, EP 25601 — Safe Harbor Clear and Reasonable Warnings - Methods and Content. [Operative August 30, 2018]
- Title 27, EP 25602 — Consumer Product Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25603 — Consumer Product Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25603.1 — Consumer Products Exposure Warnings - Methods of Transmission. [Repealed Operative August 30, 2018]
- Title 27, EP 25603.2 — Consumer Products Exposure Warnings - Content. [Repealed Operative August 30, 2018]
- Title 27, EP 25603.3 — Warnings for Specific Consumer Products Exposure. [Repealed Operative August 30, 2018]
- Title 27, EP 25604 — Environmental Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25604.1 — Occupational Exposure Warnings - Methods of Transmission. [Repealed Operative August 30, 2018]
- Title 27, EP 25604.2 — Occupational Exposure Warnings - Content. [Repealed Operative August 30, 2018]
- Title 27, EP 25605 — Environmental Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25605.1 — Environmental Exposure Warnings - Methods of Transmission. [Repealed Operative August 30, 2018]
- Title 27, EP 25605.2 — Environmental Exposure - Content. [Repealed Operative August 30, 2018]
- Title 27, EP 25606 — Occupational Exposure Warnings. [Operative August 30, 2018]
- Title 27, EP 25607 — Specific Product, Chemical and Area Exposure Warnings. [Operative August 30, 2018]
- Title 27, EP 25607.1 — Food Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.2 — Food Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.3 — Alcoholic Beverage Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.4 — Alcoholic Beverage Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.5 — Food and Non-Alcoholic Beverage Exposure Warnings for Restaurants - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.6 — Food and Non-Alcoholic Beverage Exposure Warnings for Restaurants - Content. [Operative August 30, 2018]
- Title 27, EP 25607.7 — Prescription Drug Exposure and Emergency Medical or Dental Care Exposure Warnings. [Operative August 30, 2018]
- Title 27, EP 25607.8 — Dental Care Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.9 — Dental Care Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.10 — Wood Dust Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.11 — Wood Dust Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.12 — Furniture Product Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.13 — Furniture Product Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.14 — Diesel Engine Exposure Warnings (Except Passenger Vehicle Engines) - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.15 — Diesel Engine Exposure Warnings (Except Passenger Vehicle Engines) - Content. [Operative August 30, 2018]
- Title 27, EP 25607.16 — Vehicle Exposure Warnings - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.17 — Vehicle Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.18 — Recreational Vessel Exposure Warnings - Method of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.19 — Recreational Vessel Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.20 — Enclosed Parking Facility Exposure Warnings - Method of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.21 — Enclosed Parking Facility Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.22 — Amusement Park Exposure Warnings - Method of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.23 — Amusement Park Exposure Warnings - Content. [Operative August 30, 2018]
- Title 27, EP 25607.24 — Petroleum Products Warnings (Environmental Exposures) - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.25 — Petroleum Products Warnings (Environmental Exposures) - Content. [Operative August 30, 2018]
- Title 27, EP 25607.26 — Service Station and Vehicle Repair Facilities Warnings (Environmental Exposures) - Methods of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.27 — Service Station and Vehicle Repair Facilities Warnings (Environmental Exposures) - Content. [Operative August 30, 2018]
- Title 27, EP 25607.28 — Designated Smoking Area Exposure Warnings (Environmental Exposures) - Method of Transmission. [Operative August 30, 2018]
- Title 27, EP 25607.29 — Designated Smoking Area Exposure Warnings (Environmental Exposures) - Content. [Operative August 30, 2018]
- Title 27, EP 25607.34 — Residential Rental Property Exposure Warnings - Methods of Transmission [Operative July 1, 2019]
- Title 27, EP 25607.35 — Residential Rental Property Exposure Warnings - Content [Operative July 1, 2019]
- Title 27, EP 25701 — General
- Title 27, EP 25703 — Quantitative Risk Assessment
- Title 27, EP 25705 — Specific Regulatory Levels Posing NO Significant Risk
- Title 27, EP 25707 — Routes of Exposure
- Title 27, EP 25709 — Exposure to Trace Elements
- Title 27, EP 25711 — Levels Based on State or Federal Standards
- Title 27, EP 25721 — Level of Exposure to Chemicals Causing Cancer
- Title 27, EP 25801 — General
- Title 27, EP 25803 — Assessment
- Title 27, EP 25805 — Specific Regulatory Levels: Chemicals Causing Reproductive Toxicity
- Title 27, EP 25821 — Level of Exposure to Chemicals Causing Reproductive Toxicity
Key definitions
- Act: The Safe Drinking Water and Toxic Enforcement Act of 1986 (Health and Safety Code Section 25249.5 et seq.) which was originally adopted by California voters as Proposition65 on November 4, 1986.
- Committees: The Carcinogen Identification Committee and the Developmental and Reproductive Toxicant (DART) Identification Committee of the Office of Environmental Health Hazard Assessment's Science Advisory Board.
- Expose: To cause to ingest, inhale, contact via body surfaces or otherwise come into contact with a listed chemical. An individual may come into contact with a listed chemical through water, air, food, consumer products and any other environmental exposure as well as occupational exposures.
- Knowingly: Refers only to knowledge of the fact that a discharge of, release of, or exposure to a chemical listed pursuant to Section 25249.8(a) of the Act is occurring. No knowledge that the discharge, release or exposure is unlawful is required. However, a person in the course of doing business who, through misfortune or accident and without evil design, intention or negligence, commits an act or omits to do something which results in a discharge, release or exposure has not violated Section 25249.5 or 25249.6 of the Act.
- Listed chemical: A chemical listed pursuant to Section 25249.8(a) of the Act.
- Safe use determination: A written statement issued by the lead agency to a person affected by the Act or an authorized representative which interprets and applies the Act to a specific set of facts.
Summary of requirements
- Post required signage for listed chemicals.
- An employer must provide warning information, training, and labelingif a listed chemical is covered by Title 8, CCR 5194, or for pesticides, the Pesticides and Worker Safety requirements of Title 3, 6700. For listed chemicals not covered by 5197 or 6700 employers must follow the requirements of consumer products and environmental exposures.