California Proposition 65 (CA Prop 65) Compliance Guide

What Is California Proposition 65?

The full English name of California Proposition 65 is “The Safe Drinking Water and Toxic Enforcement Act of 1986”, commonly referred to as CA Prop 65.

It is a law enacted by the State of California requiring the state to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm.

The list was first published in 1987 and now includes over 1,000naturally occurring and synthetic chemicals, such as acrylamide, formaldehyde gas, arsenic, lead, cadmium, mercury, and certain phthalates.

Product Categories Covered by California Proposition 65

CA Prop 65 applies to a wide range of products, including:

- Jewelry

- Toys

- Electronic devices

- Glass and ceramic materials

- Food

- Clothing

- Pharmaceuticals

- Agricultural pesticides

- Dyes

- Cosmetics

- Construction and manufacturing materials

Products Subject to CA prop 65 testing

Proposition 65 sets limits for products such as jewelry, apparel, bags, mats, toys, childcare products, ceramic and glassware, aluminum cookware, bicycles and accessories, electrical devices, and cables.

Among the most widely restricted substances is lead.

All products sold in California that fall within these categories must meet CA Prop 65 requirements.

The permissible limits for harmful chemicals vary by substance and product type. These limits often originate from court settlements brought by consumers or environmental groups.

Examples of Regulated Products and Substance Limits

Backpacks

- Phthalates (DEHP/BBP/DBP): ≤ 0.1%

- Lead: ≤ 100 mg/kg, and total surface ≤ 1 µg (wipe test)

Clothing, Gloves, Hats

- Phthalates (DEHP/BBP/DBP): ≤ 0.1% (in accessible components)

Shoes

- Phthalates (DEHP/BBP/DBP): ≤ 0.1% (in accessible components)

- Lead: Paint/coating ≤ 90 mg/kg; PVC parts ≤ 200 mg/kg; leather/other ≤ 300 mg/kg (per 16 CFR 1500.91(d),(e))

Cosmetic Bags

- Phthalates (DEHP/BBP/DBP): ≤ 0.1%

- Lead: ≤ 50 mg/kg (in accessible parts); total surface ≤ 1 µg (wipe test)

Belts

- Lead: ≤ 100 mg/kg; total surface ≤ 1 µg (wipe test)

- Phthalates (DEHP/BBP/DBP): ≤ 0.1% (in accessible components)

- Paint/coating: ≤ 90 mg/kg

Key Points from Settlement Cases Under CA Prop 65

Electronics and Electrical Products

1. Computer cooling fans, mice, webcams, speakers — Lead ≤ 100 ppm

2. PDA chargers and USB cables — Lead ≤ 100 ppm

3. Vinyl lamp clamps — DEHP ≤ 1000 ppm (otherwise, warning label required)

Textiles and Fashion Accessories

1. Baby care mats or polyurethane foam/filler products — TDCPP, TDBPP, TCEP ≤ 25 ppm each

2. Children’s foam mats, cushions, or pads — Must not contain flame retardants such as TDCPP, TCEP, TCPP, TBB, TBPH, TPP, V6, MDPP, DBPP, TBPP, PentaBDE, OctaBDE, or DecaBDE

3. Sunglasses or tablecloths — DEHP ≤ 1000 ppm (warning label required if exceeded)

4. Vinyl shoulder pads — Lead < 100 ppm; Lead ≤ 1.0 µg (NIOSH 9100); DEHP ≤ 1000 ppm

5. Watch straps and replacements — Lead in paint/coating ≤ 90 ppm; other materials ≤ 100 ppm

Furniture

1. Vinyl/PVC stools — BBP, DBP, DEHP ≤ 1000 ppm each (warning label required if exceeded)

2. Vinyl/PVC benches — DEHP < 1000 ppm

3. Sports and fitness equipment — DEHP < 1000 ppm (warning label required if exceeded)

4. Exercise balls (yoga mats, skipping ropes) — DEHP < 1000 ppm (warning label required)

5. Billiard or table tennis covers — DEHP < 1000 ppm (warning label required)

6. Table tennis nets — Lead < 50 ppm; Lead < 1.0 µg (NIOSH 9100); DEHP, DBP, BBP, DIDP, DnHP < 1000 ppm each

Other Products

1. Aquarium nets with vinyl/PVC handles — Lead ≤ 100 ppm; DEHP < 1000 ppm

2. Shower or bathtub anti-slip mats — DEHP ≤ 1000 ppm (warning label required)

3. Nail clippers — DEHP ≤ 1000 ppm (warning label required)

4. Peelers, crushers, cutters — DEHP ≤ 1000 ppm (warning label required)

5. Tools with vinyl/PVC handles — DEHP ≤ 1000 ppm (warning label required)

6. Adhesive bandages — DEHP ≤ 1000 ppm

7. Vinyl/PVC-covered books — DEHP ≤ 1000 ppm

8. Bottle stoppers — DEHP ≤ 1000 ppm

9. Eyelash curlers and tweezers with handles — BBP, DBP, DEHP ≤ 1000 ppm each; Lead < 90 ppm; Lead ≤ 1.0 µg (NIOSH 9100)

10. Dashboard trays, bag clips, bottle openers, glass cutters, kitchen tools, paper clips, flashlights with rubber handles, stainless steel knives, suction hooks, measuring tapes, steering wheel covers — Lead ≤ 100 ppm; DEHP < 1000 ppm (warning label required)

11. Photo frames — Lead ≤ 100 ppm

12. Vinyl floor tiles — BBP < 1000 ppm

Warning Labels

- Proposition 65 requires businesses in California to provide clear and reasonable warningsbefore knowingly exposing consumers to listed chemicals in consumer products, foods, drugs, or other items.

Typical label wording is:

> “WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.”

- California regulations now require more specific detailsin warnings, including:

- The nameof the chemical

- Guidance on how to avoid or reduce exposure

- A reference to the OEHHA websiteproviding further public information about the listed chemical

How to Comply with California Proposition 65

1. Understand the compositionof your product and compare it against the CA Prop 65 chemical list.

2. Identify manufacturing and exposure pathwaysto assess potential risk levels.

These two steps are essential for evaluating over 1,000 regulated substances.

For compliance testing:

- Select the relevant product category.

- Identify applicable CA Prop 65 settlement cases.

- Test for restricted hazardous substancesbased on the case requirements.

- The case numberis typically specified by the client.