9
Toxic Chemical Composition Reporting
PROGRAM REQUIREMENTS
Once a chemical is on the list, any company with more than 10 employees that is located
in California or does business in California is prohibited from knowingly discharging
listed chemicals into sources of drinking water. These companies must also provide
a clear-and-reasonable warning before knowingly and intentionally exposing anyone
to a listed chemical. Once a chemical is listed, businesses have 12 months to comply
with warning requirements and 20 months to comply with the discharge prohibition.
Businesses are responsible for developing their own warnings and do not have to
report any Prop 65 chemicals to the California Office of Environmental Health Hazard
Assessment (OEHHA). Governmental agencies and public water systems are exempt
from this act.
A company does not have to follow the requirements of Prop 65 if it is determined that a chemical presents “no significant risk.” For a carcinogen, this is a
level of the chemical that is calculated to result in one excess case of cancer in an
exposed population of 100,000, assuming lifetime exposure at the level in question.
For a reproductive toxicant, it is defined as a level of an exposure to the chemical
that could be increased by 1,000 and still not produce birth defects or reproductive
harm. These threshold levels are called safe harbor numbers. Businesses may or
may not determine the level of a chemical present in their product. If they provide
a warning that the listed chemical is present, it can either mean that levels of the
chemical have been evaluated and is present above the safe harbor number or mean
that the chemical is present at some level but the company did not find it worthwhile
to evaluate.
ROLE OF STAKEHOLDERS
Prop 65 was introduced via the California State initiative process. An initiative measure is proposed by California citizens, who must present a signed petition to the
California secretary of state outlining the text of the proposed statute or amendment
to the state constitution. The secretary of state then submits the measure at the next
general election.
The California attorney general’s office enforces Proposition 65. Any district
attorney or city attorney (for cities with a population of at least 750,000) may also
enforce Proposition 65. Any individual acting in the public interest may also enforce
Proposition 65 by filing a lawsuit against a business alleged to be in violation of
this law. Lawsuits have been filed by the attorney general’s office, district attorneys,
consumer advocacy groups, and private citizens and law firms. Penalties for violating
Proposition 65 by failing to provide notices can be as high as $2,500 per day for each
violation in addition to any other penalty established by law.
FINANCIAL IMPACTS
The Safe Drinking Water and Toxic Enforcement Fund is established in the
California State Treasury. The director of the lead agency designated by the governor
Toxic Chemical Composition Reporting
PROGRAM REQUIREMENTS
Once a chemical is on the list, any company with more than 10 employees that is located
in California or does business in California is prohibited from knowingly discharging
listed chemicals into sources of drinking water. These companies must also provide
a clear-and-reasonable warning before knowingly and intentionally exposing anyone
to a listed chemical. Once a chemical is listed, businesses have 12 months to comply
with warning requirements and 20 months to comply with the discharge prohibition.
Businesses are responsible for developing their own warnings and do not have to
report any Prop 65 chemicals to the California Office of Environmental Health Hazard
Assessment (OEHHA). Governmental agencies and public water systems are exempt
from this act.
A company does not have to follow the requirements of Prop 65 if it is determined that a chemical presents “no significant risk.” For a carcinogen, this is a
level of the chemical that is calculated to result in one excess case of cancer in an
exposed population of 100,000, assuming lifetime exposure at the level in question.
For a reproductive toxicant, it is defined as a level of an exposure to the chemical
that could be increased by 1,000 and still not produce birth defects or reproductive
harm. These threshold levels are called safe harbor numbers. Businesses may or
may not determine the level of a chemical present in their product. If they provide
a warning that the listed chemical is present, it can either mean that levels of the
chemical have been evaluated and is present above the safe harbor number or mean
that the chemical is present at some level but the company did not find it worthwhile
to evaluate.
ROLE OF STAKEHOLDERS
Prop 65 was introduced via the California State initiative process. An initiative measure is proposed by California citizens, who must present a signed petition to the
California secretary of state outlining the text of the proposed statute or amendment
to the state constitution. The secretary of state then submits the measure at the next
general election.
The California attorney general’s office enforces Proposition 65. Any district
attorney or city attorney (for cities with a population of at least 750,000) may also
enforce Proposition 65. Any individual acting in the public interest may also enforce
Proposition 65 by filing a lawsuit against a business alleged to be in violation of
this law. Lawsuits have been filed by the attorney general’s office, district attorneys,
consumer advocacy groups, and private citizens and law firms. Penalties for violating
Proposition 65 by failing to provide notices can be as high as $2,500 per day for each
violation in addition to any other penalty established by law.
FINANCIAL IMPACTS
The Safe Drinking Water and Toxic Enforcement Fund is established in the
California State Treasury. The director of the lead agency designated by the governor