CA Prop 65

Proposition 65 Fact Sheet
for Tenants
Office of Environmental Health Hazard Assessment
California Environmental Protection Agency
This fact sheet was prepared by the Office of Environmental Health Hazard
Assessment (OEHHA), which administers the Proposition 65 program. It provides
information to tenants whose apartment managers and owners have posted or
distributed Proposition 65 warnings.
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, birth defects, or other reproductive harm. The list has
grown to include over 800 chemicals since it was first published in 1987.
What chemicals are on the Proposition 65 list?
The Proposition 65 list contains two types of chemicals: carcinogens, which can
cause cancer, and reproductive toxicants, which cause birth defects or other
reproductive harm, such as sterility or miscarriages. Some chemicals may be
additives or ingredients in pesticides, common household products, food, or drugs.
Others may be industrial chemicals, dyes, or solvents used in dry cleaning,
manufacturing, and construction. Still others may be byproducts of chemical
processes; for example, motor vehicle exhaust.
What does a Proposition 65 warning mean?
Under Proposition 65, businesses are required to give a “clear and reasonable”
warning before knowingly exposing anyone to a listed chemical above a specified
level. This warning can be included on the label of a consumer product or
published in a newspaper. An equally common practice is for businesses to
provide a warning at the workplace or in a public area affected by the chemical.
Many apartment owners and managers have posted or distributed warnings to
notify tenants that they may be exposed to one or more chemicals on the
Proposition 65 list. For example, a warning may be given because tenants are
exposed to chemicals in pesticides applied to landscaping or structures or
chemicals in housing construction materials, such as lead in paint or asbestos in
ceiling coatings.
A growing trend among rental property owners and other businesses is to provide
warnings for chemicals on the list, such as tobacco smoke or motor vehicle
exhaust, which are regularly released into the environment in or near rental