What is Proposition 65
Prop 65 requires the State of California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The decision about whether to list a chemical falls to the Office of Environmental Health Hazard Assessment (OEHHA), which evaluates available scientific information on substances and then determines whether they should be listed. Although there may be conflicting data or some debate about a chemical under consideration, OEHHA may still decide to list it. Once a chemical is listed, businesses have one year to provide a “clear and reasonable” warning on all products containing that chemical before knowingly exposing consumers to those products. Even items manufactured before the chemical was listed must be labeled – regardless of where those items are in the stream of commerce. They may be in the back of a retailer’s warehouse or in a store specializing in discontinued merchandise. If the product is for sale in California, the manufacturer is responsible for tracking it down and labeling it.