cts_brochure_california_prop_65

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OEHHA develops numerical guidance levels, known as “safe harbour numbers” for determining whether a warning is necessary or whether discharges of a chemical into drinking water sources are prohibited.
Exemptions: • Businesses with less than 10 employees and government agencies • If exposure they cause are so low as to create no significant risk of cancer or birth defects or other reproductive harm
Indeed, most of the chemicals are toxic to humans even in low doses. Children’s products are required to meet a set of more stringent requirements. With Proposition 65, California aims at restricting contamination by toxic content of chemicals in articles by increasing information to consumers and giving businesses a sense of responsibility.
WHAT PRODUCTS REQUIRE A WARNING LABEL? HOW SHOULD THE INDUSTRIES COMPLY WITH PROPOSITION 65?
JEWELLERY
For jewellery, the most concerned chemicals regulated under proposition 65 is Lead. US CPSC (Consumer Product Safety Commission) Status & Requirement On November 2005, the CPSC issued a Standard Operation Procedure, focused on children’s metal jewellery. The requirements are: Total Lead: not more than 600 mg/ kg for each individual component (screening test) Soluble Lead (in 0.07 N HCI at 37° C for 1, 2 or 3 hours): not more than 175 µg per article or component (acid extracting test)
CALIFORNIA – TOXIC CHEMICALS UNDER CONTROL
PROPOSITION 65
Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The Proposition was intended to: • Protect California citizens and the State’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm • Inform California citizens about exposures to such chemicals in articles they purchase, in their homes or workplaces or that are released into the environment Proposition 65 requires the Governor to publish, at least annually, a list of chemicals known to the State to cause cancer or reproductive toxicity. It concerns over 800 chemicals. The Office of Environmental Health Hazard Assessment (OEHHA), which administered the Proposition 65 programme, places the updated list of chemicals at the disposal of the public at /prop65.html
THE TYPES OF CHEMICALS ON THE PROPOSITION 65 ARE:
• • • • Naturally occurring and synthetic chemicals (e.g. Additives) Heavy metals (e.g. Lead, Cadmium, Mercury and hexavalent Chromium) Solvents (e.g. Benzene and chlorinated solvents) etc…
• DO NOT DISCHARGE LISTED CHEMICALS INTO DRINKING WATER • PROVIDE CLEAR AND REASONABLE WARNINGS
A warning must be given for listed chemicals unless exposure is low enough to pose no significant risk. “No significant risk level”: "level causing 1 excess case of cancer per 100,000 population for individuals exposed to the chemical over a 70- year lifetime"
THE PRODUCTS ADDRESSED BY PROPOSITION 65 ARE:
• • • • • • • • Jewellery Toys Electrical devices Glass & ceramic materials Clothing Food Drugs Agricultural pesticides Dyes Cosmetics Premium and decorative items Articles used in manufacturing and construction By-products of chemical processes: exhaust from motor vehicles, tobacco smokes, burning natural gas • etc… • • • • •
Warning labelling is required if the product does not meet the requirements of Proposition 65. The warning message must clearly communicate that the chemical in question is known to the state (California) to cause cancer, birth defects or other reproductive harm.
PROP 65
WARNING
The materials used as colored decorations on the exterior of glassware products used or sold in this establishment contain lead, a chemical known to the State of California to cause birth defects or other reproductive harm.
“No observable effect level”: “evel causing 1 excess case of birth defects or reproductive harm per 100,000 population.
Once a chemical is listed, businesses have 12 months to comply with warning requirements.
WHAT ARE THE REQUIREMENTS FOR FIRMS DOING BUSINESS IN CALIFORNIA?
Firms that produce, use, release, or otherwise engage in activities involving the chemicals on this list must comply with the following:
PROPOSITION 65 Leaflet is published by SGS Hong Kong Ltd. Copyright © 2007 SGS Hong Kong Ltd. The information contained in this publication is the exclusive property of SGS Hong Kong Ltd. and protected by copyright and other proprietary rights. Nothing contained in this publication may be reproduced, distributed or edited in any manner without the prior written authorization of SGS Hong Kong Ltd. The information contained is accurate to the best of SGS Hong Kong’s knowledge or obtained from sources believed by SGS Hong Kong Ltd. to be accurate. It is furnished without warranty, representation, inducement or license of any kind and SGS Hong Kong Ltd. does not assume any legal responsibility for use or reliance upon same.