10
Toxic Chemicals
may expend the funds in the Safe Drinking Water and Toxic Enforcement Fund,
on appropriation by the legislature, to implement and administer this chapter.
Any company that falls under the requirements of Prop 65 is financially responsible for all chemical analysis of their products and waste as well as for providing a
clear-and-reasonable warning before knowingly and intentionally exposing anyone
to a listed chemical. The warning can include labeling of a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, and
publishing notices in a newspaper.
All civil and criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:
• Fifty percent of all civil and criminal penalties collected under Prop 65 will
be deposited in the Hazardous Substance Account in the General Fund.
• Twenty-five percent will be paid to the office of the city attorney, city
prosecutor, district attorney, or attorney general, whichever office brought
the action.
• Twenty-five percent will be paid to OEHHA and used to fund the activity of
the California state environmental agency, the local health officer, or other
local public officer or agency that investigated the matter that led to the
bringing of the action.
Because the penalties for violating Proposition 65 can be costly, most businesses
settle before a case goes to trial. Businesses usually pay the plaintiff’s attorney
fees and cost. Plaintiffs might also ask for restitution—money that goes to a public
interest group, usually in lieu of penalties.
The settlement usually will also include some provision for the company to reformulate the product, give some type of warning, or remove the product from the market.
EFFECTIVENESS OF PROGRAM
Prop 65 has provided residents of California with information that allows them to
limit their exposures to listed chemicals beyond restrictions established by other
state and federal laws. It has also encouraged manufacturers to remove listed chemicals from their products. This law benefits consumers; however, it adds an additional
cost to companies that do business in the state of California. The list of chemicals,
combined with the burden of proof on individual companies, can easily lead to
lawsuits. Companies must test their products, come up with potential replacements
for the toxic chemicals, reduce discharges, notify the public when necessary, and pay
for any enforcement actions against their company.
Prop 65 has reduced the amount of certain chemicals in commonly used products.
According to OEHHA, air emissions of certain chemicals, including ethylene oxide,
hexavalent chromium, and chloroform, from facilities in California have also been
significantly reduced as a result of Proposition 65. Warnings regarding the danger of
alcohol to fetuses are one of the most widespread results of this program.
Toxic Chemicals
may expend the funds in the Safe Drinking Water and Toxic Enforcement Fund,
on appropriation by the legislature, to implement and administer this chapter.
Any company that falls under the requirements of Prop 65 is financially responsible for all chemical analysis of their products and waste as well as for providing a
clear-and-reasonable warning before knowingly and intentionally exposing anyone
to a listed chemical. The warning can include labeling of a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, and
publishing notices in a newspaper.
All civil and criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:
• Fifty percent of all civil and criminal penalties collected under Prop 65 will
be deposited in the Hazardous Substance Account in the General Fund.
• Twenty-five percent will be paid to the office of the city attorney, city
prosecutor, district attorney, or attorney general, whichever office brought
the action.
• Twenty-five percent will be paid to OEHHA and used to fund the activity of
the California state environmental agency, the local health officer, or other
local public officer or agency that investigated the matter that led to the
bringing of the action.
Because the penalties for violating Proposition 65 can be costly, most businesses
settle before a case goes to trial. Businesses usually pay the plaintiff’s attorney
fees and cost. Plaintiffs might also ask for restitution—money that goes to a public
interest group, usually in lieu of penalties.
The settlement usually will also include some provision for the company to reformulate the product, give some type of warning, or remove the product from the market.
EFFECTIVENESS OF PROGRAM
Prop 65 has provided residents of California with information that allows them to
limit their exposures to listed chemicals beyond restrictions established by other
state and federal laws. It has also encouraged manufacturers to remove listed chemicals from their products. This law benefits consumers; however, it adds an additional
cost to companies that do business in the state of California. The list of chemicals,
combined with the burden of proof on individual companies, can easily lead to
lawsuits. Companies must test their products, come up with potential replacements
for the toxic chemicals, reduce discharges, notify the public when necessary, and pay
for any enforcement actions against their company.
Prop 65 has reduced the amount of certain chemicals in commonly used products.
According to OEHHA, air emissions of certain chemicals, including ethylene oxide,
hexavalent chromium, and chloroform, from facilities in California have also been
significantly reduced as a result of Proposition 65. Warnings regarding the danger of
alcohol to fetuses are one of the most widespread results of this program.