Proposition 65 Compliance: How to Achieve and Maintain It

Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is legislation passed in the state of California that affects manufacturers of nearly all products sold in the state.

This law requires manufacturers to disclose and label products that contain one or more chemicals on the state’s official list of chemicals that could cause cancer, birth defects or other reproductive harm.

Enforcement of these labeling and disclosure requirements began on August 30, 2018 by the California Attorney General’s Office. It is imperative for manufacturers to comply with this legislation to avoid litigation or disruption of sales of their product(s) in California.

So, how can a company ensure they are compliant with Proposition 65 requirements? Leave no doubt by working with an expert in the toxicological field, like NSF. A team of our world-class toxicologists has already created custom test plans for manufacturers around the world.

These projects typically follow these steps:

1. Formulation review: NSF toxicologists perform a comprehensive review of formulary information and raw material composition disclosures for the presence of Proposition 65-listed chemicals.
2. Exposure assessment: NSF toxicologists conduct an exposure assessment and determine whether exposure under specified use conditions is anticipated to exceed safe harbor levels.
3. Safe harbor levels development: If safe harbor levels are not established for a listed chemical, NSF toxicologists can derive them according to the guidelines established by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment.

The result is a comprehensive report that gives your company actionable insights into how to pursue your labeling for any California-bound products.

Want to learn more? Visit our Proposition 65 service page or contact prop65@nsf.org for more information.