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Prop 65 update: new additions to the list of restricted substances

According to the Safe Drinking Water and Toxic Enforcement Act of 1986, known as California Proposition 65, the purpose of the act is to protect the drinking water sources of the state against contamination with toxic chemicals that cause cancer, birth defects, or other reproductive harm if they are consumed. As of April 21, 2023, two new substances are added to the California Prop65 List of restricted substances by the Office of Environmental Health Hazard Assessment (OEHHA).

  • 1,1,1-trichloroethane (CAS Number 71-55-6)
  • Leucomalachite green (CAS Number 129-73-7).

It is expected that the warning requirements for significant exposures to these chemicals will take effect as early as April 21, 2024.

As reported by the OEHHA, a new chemical has been found to be carcinogenic to humans. 1,1,1-Trichloroethane is a synthetic chemical also known as methylchloroform. This colorless, sweet-smelling liquid was widely prepared industrially in large quantities for use as a solvent for inks, paints, adhesives, and other coatings. In the US, however, the manufacture of this chemical has been banned since 2002 for domestic use. It is also regulated by the Montreal Protocol as an ozone-depleting substance. Leucomalachite green is a metabolite of malachite green. It is a triphenylmethane dye.

Organizations are required to notify the citizens of California about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm as per the Proposition 65 regulation. As a result of acquiring or consuming products that contain these chemicals, one may be exposed to them. Prop65 contains a number of naturally occurring and synthetic chemicals that are constituents, ingredients, or constituents of a wide range of pesticides, household products, food, drugs, dyes, and solvents.

As a result of violations of CA Prop 65, a fine of up to $2,500 per violation, per day can be imposed on the violator.

Compliance XL is a consulting company that helps companies in the field of Prop65 compliance and the collection of Prop65 supplier declarations from suppliers. In addition to providing customers with regular maintenance of their supplier certificates and declarations in order to ensure that they remain up to date as part of their compliance data management strategy, we also offer this service. We also offer customized training for companies on Prop65 compliance requirements. Our services provide companies with the knowledge and tools needed to stay compliant in the ever-evolving California Proposition 65 regulations.

FAQs

1.Does Proposition 65 exempt businesses from warning requirements?

The following categories are exempt:

  • Government agencies and businesses with fewer than 10 employees.
  • Businesses in which there is no significant risk of cancer, birth defects, or other reproductive harm from chemical exposure.

2.How do safe harbor levels work?

Safe harbor levels refer to exposure levels that do not require a warning under Proposition 65.

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