The Prop 65 list contains a broad range of naturally occurring and synthetic substances that are known by the State of California to cause cancer or birth defects or other reproductive harm. The newly amended Prop 65 mandates specific warning methods and content for several types of products. Exempt if: • No Significant Risk Levels (NSRLs) for You must use this exact wording for “safe harbor” from alleged violations. [*Source 3]. product safe harbor warning language may be used: • For any chemical listed as a carcinogen: WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. Environmental Law Foundation v. Beech Nut Nutrition Corp. et al., Case No. However, the problem is that out of the 800+ prop 65 chemicals, the OEHHA has only developed safe harbor levels for about 300 chemicals(6). A "draft MADL" of 0.3 µg/day for methyl mercury was identified by OEHHA in 1994. Exemptions under Cal Prop 65 If your company has less than 10 employees (including part-time), it is exempt from warning requirements; recent amendment clarified this to apply to non-California companies too Safe harbor levels have been established for many Prop 65 listed chemicals. ... and marketing literature to incorporate the safe-harbor warnings. However, only about one-third of the substances set out on the Prop 65 list provide a safe harbor limit. Last week, the California Office of Environmental Health Hazard Assessment (OEHHA) posted a new question and answer document on the new Proposition 65 Clear and Reasonable Warning regulations announced last year. If the emission is below the safe harbor level, by definition there is no Prop 65 violation. ... and marketing literature to incorporate the safe-harbor warnings. The US Environmental Protection Agency’s (EPA) safe limit for lead in drinking water is 15 mcg/L. The proposed regulation maintains the safe harbor approach (reversing the mandatory warnings proposed in the March draft). SHLs are determined by extensive research and vary according to the chemical in question. January 9, 2019 — Lyndhurst, NJ — Hop Industries, manufacturer of the durable Hop-Syn synthetic paper today announces that its line of durable Hop-Syn synthetic paper meets the August 30, 2018 revision of California Proposition 65’s strict “safe harbor” standards for No Significant Risk Levels of toxic chemicals, heavy metals, and phthalates. “safe harbor”. These safe harbor numbers, at 1/1000 th of a normally safe intake, certainly guarantee no significant risk from chemicals listed in Prop 65. December 9, 1997 Meeting of the Developmental and Reproductive Toxicant (DART) Identification Committee. Early this year, California’s Office of Environmental Health and Hazard Assessment (“OEHHA”) significantly changed the Prop. The California Office of Environmental Health Hazard Assessment (OEHHA) recently proposed levels of inorganic arsenic in rice that would be deemed “naturally occurring” and thus exempt from the Proposition 65 warning requirement. They are: 1) the label must identify at least one chemical element; 2) use of safe harbor wording; 3) use of new warning symbol ( yellow triangle with exclamation point). Above the Safe Harbor Levels, a Prop 65 warning must be given to avoid lawsuits and potential liability. The 13. Proposition 65 (Prop 65) requires a warning before exposing a person in California to any of the 900-plus chemicals listed as causing cancer or reproductive toxicity. And let’s put that into a little perspective here. The relationship of that absorbed lead to the Prop 65 safe harbor limit of 0.5 mcg per day expressed as a percentage of the 0.5 mcg limit. This document is the property of the American Herbal Products Association (AHPA) and is for AHPA purposes [*Source 3]. Mercury is a metal that can accumulate in certain types of fish and seafood. Prop 65 is known as the “Safe Drinking Water Toxics Enforcement Act of 1986”. Who is required to display a Prop 65 Warning? Indeed, in recent years, there has been Prop 65 litigation impacting the food & beverage industry in cases involving products containing lead, acrylamide, arsenic and mercury. Over the years, many interested groups have asked OEHHA to amend the regulations to provide more guidance. Prop 65 warnings are required for chemicals that are commonly present in a wide variety of everyday products such as foods, dietary supplements, cleaners, and beauty care products as well as for substances such as pesticides, gasoline, car exhaust, and cigarette smoke. The warning must include the Prop. Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a California ballot initiative in November 1986.The Proposition was intended by its authors to protect California citizens and the State's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. Summary of the Proposed Changes currently over-warn with safe harbor language, regardless of chemical concentration, the reforms will not solve the problem. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Just because a chemical is listed on the Prop 65 list doesn’t mean it is illegal to have the chemical in a product without a warning. When grown in soil with a relatively “low” lead content (500 ppm), spinach and radishes can have lead levels that exceed 3 ppm, while beets and carrots can exceed 6 ppm. do all refrigerators have prop 65 warning. The regulations provide safe harbor levels for many chemicals, meaning that there is an allowable amount of exposure before a company is required to provide Prop 65 warnings. If past performance The Prop 65 Safe Harbor Maximum Allowable Dose Level for lead is 0.5 micrograms per day, meaning that a person may not be exposed to lead above this amount, by any product, without a Prop 65 warning. listed chemicals (for example, mercury and acrylamide), including common foodstuffs such as coffee, baked goods, potatoes and fish, are required to provide an additional Proposition 65 warning for those products. Below is a list of NSRLs and MADLs that provide "safe harbor" for businesses subject to the requirements of Proposition 65. According to the group, a handful of fish oil products they tested have PCB contamination above the so-called 'safe harbor' limit for human PCB consumption under the Prop 65 law. Although the new regulations allow businesses to use the existing Prop 65 warning statements until August 30th, companies may use the new warnings now, before August 30th. The reporting rule will cover any person who manufacturers or imports mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process. Answer Provided: Di (2-ethylhexyl)phthalate (DEHP) safe harbor levels: Cancer. 65 in terms of lead and the rest of the industry, you realize very quickly that California is very serious about lead. California’s Prop 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was a ballot initiative voted into state law more than three decades ago. Although Prop 65 "safe harbor" regulations have long provided guidance on the content and method of displaying Prop 65 warnings, the Amendments modify required language and add regulations for warnings in specific industries and for certain products. Current Proposition 65 List. Jamie Sternberg, Esq. One example of this is lead. While Prop 65 has been around for … May 2019 Recent changes to Proposition 65’s safe harbor warning guidelines may impact residential landlords. The idea was to increase the transparency around the presence of naturally occurring and synthetic chemicals in products, foods, and more that could cause cancer, birth defects, or reproductive harm. Safe harbor levels, which include No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity, have been established for many of the chemicals listed under Proposition 65. Rights Act, and was amended to add violation of Prop. The internet address for OEHHA’s new Prop 65 warning information website. Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. 65 warnings relating to marijuana smoke and THC. The Prop 65 Safe Harbor maximum allowable dose level for lead is 0.5 micrograms per day, but the FDA daily limits are set at 75 micrograms for adults and 6 micrograms for children. For more information go to The Prop 65 regulations provide “safe harbor levels,” which are the allowable levels for Prop 65 chemical exposure (see appendix for specifics). Where appropriate, we label items sold to customers in the State of California with Prop 65 warnings to ensure compliance with Prop 65 … Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly evolving and actively enforced by the government and private enforcers.