CA Prop 65

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Proposition 65 in Plain Language

Office of Environmental Health Hazard Assessment

California Environmental Protection Agency

What is Proposition 65?

In 1986, California voters approved an initiative to address their growing concerns about

exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic

Enforcement Act of 1986, better known by its original name of Proposition 65.

Proposition 65 requires the State to publish a list of chemicals known to cause cancer or

birth defects or other reproductive harm. This list, which must be updated at least once

a year, has grown to include over 800 chemicals since it was first published in 1987.

Proposition 65 requires businesses to notify Californians about significant amounts of

chemicals in the products they purchase, in their homes or workplaces, or that are

released into the environment. By providing this information, Proposition 65 enables

Californians to make informed decisions about protecting themselves from exposure to

these chemicals. Proposition 65 also prohibits California businesses from knowingly

discharging significant amounts of listed chemicals into sources of drinking water.

The Office of Environmental Health Hazard Assessment (OEHHA) administers the

Proposition 65 program. OEHHA, which is part of the California Environmental

Protection Agency (Cal/EPA), also evaluates all currently available scientific information

on substances considered for placement on the Proposition 65 list.

What types of chemicals are on the Proposition 65 list?

The list contains a wide range of naturally occurring and synthetic chemicals that are

known to cause cancer or birth defects or other reproductive harm. These chemicals

include additives or ingredients in pesticides, common household products, food, drugs,

dyes, or solvents. Listed chemicals may also be used in manufacturing and

construction, or they may be byproducts of chemical processes, such as motor vehicle

exhaust.

How is a chemical added to the list?

There are four principal ways for a chemical to be added to the Proposition 65 list. A

chemical can be listed if either of two independent committees of scientists and health

professionals finds that the chemical has been clearly shown to cause cancer or birth

defects or other reproductive harm. These two committees—the Carcinogen

Identification Committee (CIC) and the Developmental and Reproductive Toxicant

(DART) Identification Committee—are part of OEHHA’s Science Advisory Board. The

Summary of content (5 pages)

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Proposition 65 in Plain Language Office of Environmental Health Hazard Assessment California Environmental Protection Agency What is Proposition 65? In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65.
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committee members are appointed by the Governor and are designated as the “State’s Qualified Experts” for evaluating chemicals under Proposition 65. When determining whether a chemical should be placed on the list, the committees base their decisions on the most current scientific information available. OEHHA staff scientists compile all relevant scientific evidence on various chemicals for the committees to review. The committees also consider comments from the public before making their decisions.
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that one or more listed chemicals is present. By law, a warning must be given for listed chemicals unless exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm. For chemicals that are listed as causing cancer, the "no significant risk level” is defined as the level of 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.
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Article 7 and Article 8 of Title 27, California Code of Regulations. Determining anticipated levels of exposure to listed chemicals can be very complex. Although a business has the burden of proving a warning is not required, a business is discouraged from providing a warning that is not necessary and instead should consider consulting a qualified professional if it believes an exposure to a listed chemical may not require a Proposition 65 warning.
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Where can I get more information on Proposition 65? For general information on the Proposition 65 list of chemicals, you may contact OEHHA’s Proposition 65 program at (916) 445-6900, or visit http://www.oehha.ca.gov/prop65.html . For enforcement information, contact the California Attorney General’s Office at (510) 873-6321, or visit http://oag.ca.gov/prop65.