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c/o Ralph Fucetola JD
Attorney at Law in NJ - 1973 - 2006
58 Plotts Road
Newton, NJ 07860 USA
In 1986 California voters adopted Proposition 65
“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 approximately 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.”
Since California is a major part of the US economy, as a practical matter, all businesses selling across state lines find that they must conform to the California law, or provide special California labeling for products shipped or sold in California.
Prop 65 started with a couple hundred chemicals listed. Today the list is over 900 substances.
The question businesses must consider is whether any chemical in the product is in “significant amounts” and must therefore be disclosed by a Notice on the label or if the “exposures” are so low as to “create no significant risk...” and thus no duty to warn.
Remember, going forward, when you give the required Warning, you must also name the chemical(s) for which the warning is given. You will need accurate tests and a clear Proposition 65 Plan.
The new regulations are fully effective on August 30, 2018 for any product manufactured after that date.
The sooner companies get ready, the better!
The Vitamin Consultancy offers Proposition 65 “No Significant Risk” Dossiers to enable compliance with the law, by either complying with the Warning requirement or by having the assurance that the substances pose no significant risk so that the warning is not required.
Are you ready?
