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California's Proposition 65 (Health and Safety Code Section 25249.5 et. seq.)
requires businesses to provide warnings if their employees, customers or other
individuals are exposed to "significant levels" of chemicals known by the
State of California to cause cancer or reproductive toxicity.
The law also makes it illegal to release "significant" amounts of
these chemicals into the water supply. This law applies to businesses with ten or more employees.
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| List to use | |
Hazardous list |
| | OEHHA List | |
The California Environmental Protection Agency's Office of Environmental
Health Hazard Assessment (OEHHA) publishes a list of chemicals which cause cancer or
reproductivive toxicity. This list includes chemicals commonly found in many products and is
continually updated. You can obtain the most recent list at http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html
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| What to do | |
If your business exposes anyone to one or more of the chemicals on the
OEHHA's list, the burden is on you to either:
- Demonstrate that the risk of exposure caused by your product/business
is insignificant (i.e. if exposure is to a carcinogen, you must show that it poses a
lifetime cancer risk of less than one excess case of cancer in 100,000 exposed individuals.
If a reproductive toxin, you must show that it has no observable effect at 1000
times the exposure level). If you can prove this, you don't have to have warnings.
Professional Environmental Consultants are often hired to conduct these studies.
- Provide "clear and reasonable" warnings. Depending on the type of exposure
and product, the following warnings are considered to be clear:
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Consumer Products
WARNING: This product contains a chemical known to the State of California to cause cancer.
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Environmental Exposure
Warning: This area contains a chemical known to the State of California to cause cancer.
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Consumer Products causing Reproductive Toxicity
WARNING: This product contains a chemical known to the State of California
to cause birth defects or other reproductive harm.
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Environmental Exposure to Reproductive Toxins
WARNING: This area contains a chemical known to the State of California to cause
birth defects or other reproductive harm.
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Alcoholic Beverages, Beer, Coolers, Wine and Distilled Spirits
WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and other Alcoholic Beverages
May Increase Cancer Risk and During Pregnancy Can Cause Birth Defects
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Tobacco Smoke Exposure
WARNING: This facility permits smoking and tobacco smoke is known to the State of California
to cause cancer.
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| Questions? | |
Visit http://oehha.ca.gov/prop65.html or
call the California Environmental Protection Agency, Office of Environmental
Health Hazard Assessment at (916) 445-6900. |
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| You are not done yet... | |
If you are dealing with hazardous chemicals, other state and federal agencies
have extensive regulations. You must clearly inform the public and employees
about every hazard, using Material Safety Data Sheets and other required forms.
Cal/EPA sponsors CalGold, an online permit information system. Visit
http://www.calgold.ca.gov/ and enter your type
of business to see the permits that are required. |
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