California Propostion 65 - Berkeley Analytical

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California Proposition (CAL Prop) 65
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Definition

Proposition 65 (formally titled "The Safe
Drinking Water and Toxic Enforcement Act of
1986") is a California law passed by direct voter
initiative in 1986 by a 63-37 vote. Its goals
are to protect drinking water sources from toxic
substances that cause cancer and birth
defects and to reduce or eliminate exposures to
those chemicals generally, for example in
consumer products, by requiring warnings in
advance of those exposures. (Source Wikipedia)
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What is California Proposition 65

• Right to know law
• It is a product labeling law
• It requires businesses to notify about the
  chemicals in their products or chemicals they
  release into the environment

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What it is NOT

• It is not a law to prohibit products sold
• It is not a law that declares a product as safe
  or unsafe
• It is not a personal injury law

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Why is it Named California Prop 65?

• Originated in California
• In California, a ballot proposition can be
  submitted to the electorate for approval in a
  direct vote or referendum
• After approval it becomes a law
• In 1986, California voters approved an initiative
  to address their growing concerns about exposure
  to toxic chemicals.
• The initiative was known as Safe Drinking Water
  and Toxic Enforcement Act of 1986
• The law can only be enforced in the state of
  California

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In Legal Terms
25249.5. Prohibition On Contaminating Drinking
Water With Chemicals Known to Cause Cancer or
Reproductive Toxicity.  No person in the course
of doing business shall knowingly discharge or
release a chemical known to the state to cause
cancer or reproductive toxicity into water or
onto or into land where such chemical passes or
probably will pass into any source of drinking
water, notwithstanding any other provision or
authorization of law except as provided in
Section 25249.9. 25249.6. Required Warning
Before Exposure To Chemicals Known to Cause
Cancer Or Reproductive Toxicity.  No person in
the course of doing business shall knowingly and
intentionally expose any individual to a chemical
known to the state to cause cancer or
reproductive toxicity without first giving clear
and reasonable warning to such individual, except
as provided in Section 25249.10.
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 Proposition 65 Process

• Proposition 65 requires the state to publish a 
  list of chemicals to cause cancer or birth
• defects or other reproductive harm
• The list now has around 800 chemicals
• If a product contains one or more of the listed
  chemicals on the list, then businesses need to
  notify customers about their presence
• Prop 65 enables Californians to make informed
  decisions about protecting themselves from
  exposure to harmful chemicals

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Chemicals List

• Chemicals in the list are either synthetic or
  naturally occurring
• Listed chemicals can either be a present
  ingredient in the product or by product of
  chemical processes
• Example
• Acrylamide formed due to roasting of coffee
• Chemicals emitted by motor vehicle exhaust
• Chemicals are added to the listed by a committee
  of experts directly appointed by the governor

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Example of Notice
California Proposition
Image Source http//snopes.com/ www.compliancesig
ns.com
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Safe Exposure Levels

• For carcinogens a label is not required if
  exposure is below no significant risk level
  (NSRL) or no observable effect level (NOEL)
• NSRL is defined as exposure that would result in
  not more than one excess case of cancer in
  100,000 individuals exposed to the chemical over
  a 70-year lifetime exposure
• NOEL is defined as 1/1000 of a level that has
  been shown not to pose any harm to humans or
  laboratory animals
• Exposure can also be in form of hand to mouth,
  ingestion or dermal
• Example

Phthalates can leach from traditional plastics
to food whenever plastic is heated. The food,
contaminated with phthalates goes into our body
through ingestion or dermal contact
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Enforcing Prop 65

• Who can enforce
• Attorney generals office
• Any individual (citizen) acting in public
  interest can enforce the law by filing a lawsuit
  against the businesses violating the law
• Private person has to be harmed in some way eg
  monetary harm
• A 60 day notice of violation is sent before
  filing a law suit

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Manufacturers and Prop 65

• Phthalate and SVOC testing can be useful for
  quality control programs
• Testing protocols can be setup for estimating
  the decay in the emissions of chemicals over long
  time periods that are of interest with respect to
  cancer effects and other chronic exposure issues
• Manufacturers can limit liability by monitoring
  the content of listed chemicals in the components
  they are purchasing
• Qualified toxicology professionals can develop
  risk assessments needed to determine if Prop 65
  labeling is required and to defend against Prop
  65 lawsuits

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About Berkeley Analytical

• Berkeley Analytical is a California-based
  independent laboratory
• We are well informed regarding Proposition 65
  issues
• We track Prop 65 related legal activities being
  filed with the State Attorney General
• Our analytical testing services can be used to
  address Prop 65 issues in building products and
  furniture industries

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• Website http//www.berkeleyanalytical.com
• Phone  [phone]
• Toll free 1-888-455-0999
• Fax [phone]
• Address  815 Harbour Way South, Suite 6,
  Richmond, CA 94804-3614

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