Planning to sell your products to California, USA? Then you need to understand California 65, also known as Prop 65. This is not an ordinary certification, but an important disclosure requirement that determines whether your products can smoothly enter the California market.
California 65, formally known as The Safe Drinking Water and Toxic Enforcement Act of 1986, is commonly referred to as Prop 65 (Proposition 65). It is not a product certification, but a right-to-know law. California 65 requires businesses to disclose to California consumers whether their products contain chemicals that may cause cancer, birth defects, or other reproductive harm. These chemicals are listed on the California 65 list, which is maintained and updated by the California Office of Environmental Health Hazard Assessment (OEHHA).
Almost all products sold in California may be affected by California 65, including but not limited to:
Consumer goods: such as clothing, toys, jewelry, electronics, furniture, cosmetics, etc.
Food and beverages
Dietary supplements
Medical devices
Industrial products
As long as a product contains chemicals on the California 65 list and the amount exceeds the "Safe Harbor Levels", a warning must be provided.
The California 65 list contains over 900 chemicals and is updated annually. These chemicals include both naturally occurring and synthetic substances that may be present in a variety of products.
If your product contains chemicals on the California 65 list and the level exceeds the "Safe Harbor Levels", you are required to provide a clear and reasonable warning on the product or its packaging. The content and format of the warning label must comply with California 65 regulations. Common warning labels include:
"WARNING: This product can expose you to chemicals including [name of chemical], which is known to the State of California to cause cancer."
"WARNING: This product can expose you to chemicals including [name of chemical], which is known to the State of California to cause birth defects or other reproductive harm."
Short-form Warning: In cases where space is limited, a short-form warning can be used.
To comply with California 65, you can take the following steps:
Product Testing: Send your products to a professional laboratory for testing to determine whether they contain chemicals on the California 65 list.
Evaluate Exposure Levels: If the product contains listed chemicals, evaluate the level of consumer exposure to these chemicals.
Provide Warnings: If the exposure level exceeds the "Safe Harbor Levels", provide a warning label that meets the requirements.
Seek Professional Help: Due to the complexity of California 65, it is recommended that you consult JJR Lab for compliance guidance and U.S. market access services.
California 65 allows for private enforcement, which means any individual or organization can file a lawsuit against a business that violates California 65. These lawsuits can result in high penalties and legal fees. Therefore, it is strongly recommended that you consult a professional agency to ensure full compliance.
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