What Chemicals are on the California Prop 65 List?
The Safe Drinking Water & Toxic Enforcement Act of 1986 – better known as Proposition 65 – requires the state of California to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. Learn more about Cal Prop 65 here.
If your business is selling products into the state of California, then you should be aware of the 900+ chemicals known to cause cancer and provide the appropriate warning by August 30, 2018.
A Prop 65 warning must be applied to any product containing a listed chemical unless the level of exposure is below the regulatory safe harbor level as published on The Office of Environmental Health Hazard webpage. Always check whether the chemical is on the list, if it is, whether the level in the product exceeds the safe harbor level. If it is not listed, or the level is below the safe harbor, no ‘Prop 65 warning’ is required.
The Proposition 65 List (current as of May 25, 2018) contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents.
Some of the items on the list include chemicals used for manufacturing and construction or include byproducts of chemical processes, such as motor vehicle exhaust.
How are chemicals added to the Cal Prop 65 list?
The state of California updates the list of chemicals at least annually (Health and Safety Code section 25249.8). The updates are based on information identified by these four entities:
1) Labor Code
Chemicals identified by the World Health Organization’s International Agency for Research on Cancer (IARC) as causing cancer in humans or laboratory animals.
2) State’s Qualified Experts (SQE)
Independent committees of scientific and health experts - such as the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant Identification Committee (DARTIC) can find that a chemical has been clearly shown to cause cancer or birth defects or other reproductive harm. They meet at least once a year to evaluate chemicals under Prop 65.
3) Authoritative Bodies (AB)
If one of the authoritative bodies (AB) formally identifies a chemical as causing cancer or birth defects or other reproductive harm, it’s added to the Cal Prop list. The AB include the US Environmental Protection Agency, US Food and Drug Administration (US FDA), National Institute of Occupational Safety and Health, the National Toxicology Program of the US Department of Health and Human Services, and IARC.
4) Formally Required to be Labeled (FR)
When the state or federal government requires a chemical to be labeled or identified as causing cancer or birth defects or other reproductive harm, it’s added to the list. Most chemicals in the FR category are prescription drugs that are required by the US FDA to contain warnings relating to cancer or birth defects or other reproductive harm.
You may download the list of chemicals here. This list is current as of May 25, 2018.
Don’t wait to get compliant! Get the Cal Prop 65 warning signs and labels here.
Please note - it’s always a good idea to contact the California government for answers to compliance questions and concerns.