Proposition 65

What is Proposition 65?

Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a landmark California law aimed at safeguarding public health by reducing exposure to harmful chemicals. The law requires businesses to provide clear and visible warnings if their products, operations, or facilities expose individuals to chemicals that are known to cause cancer, birth defects, or other reproductive harm. These chemicals can be present in everyday items, such as food packaging, electronics, household products, or industrial environments, as well as in emissions that can contaminate air, water, and soil.

The primary goal of Proposition 65 is to inform Californians so they can make educated choices about the products they buy and the environments they enter. By law, businesses must place warning labels on products or post signs in areas where exposure to harmful substances may occur. The law covers a wide range of chemicals, including those naturally occurring or resulting from manufacturing processes. Even the presence of lead in components like control boards or the facilities where products are made may require a warning label, reflecting how stringent the regulations are.

California maintains an official list of chemicals identified as posing a risk to human health, which has grown from fewer than 30 in 1987 to over 900 today. This list is updated annually to reflect new scientific research and regulatory findings. The chemicals include substances found in products like plastics, pesticides, dyes, and solvents, as well as contaminants in water, food, and air.

In addition to the warning requirements, Proposition 65 strictly prohibits businesses from knowingly discharging significant amounts of these chemicals into sources of drinking water, further protecting the state's natural resources and public health.

Voted into law by a 63% majority in 1986, Proposition 65 has become one of the most comprehensive and impactful chemical safety regulations in the United States. It has not only increased transparency for consumers but also driven manufacturers and industries to reduce or eliminate the use of hazardous substances in their products and processes to comply with the law.