California Proposition 65
What Is the OEHHA?
OEHHA stands for the California Office of Environmental Health Hazard Assessment. OEHHA is part of the California Environmental Protection Agency (CalEPA). OEHHA is in charge of administering the Prop 65 chemical list. OEHHA reviews and determines ...
Who Enforces Prop 65 Rules and Violations?
The California Attorney General's Office is in charge of enforcing Prop 65. However, the following parties can also bring lawsuits and request fines be imposed for Prop 65 violation: California district attorneys California city attorneys (for cities ...
When Should a Product Include a Prop 65 warning?
If your business is subject to Prop 65, your products may need to include Prop 65 warnings. A product should include a Prop 65 warning if: The product contains one or more chemicals included in Prop 65's chemical list The chemical(s) in question ...
What are the Penalties for Not Complying With Prop 65?
If your business does not comply with Prop 65, you can be fined up $2,500 per violation per day. For example, if your business has two products containing chemicals listed in the Prop 65 chemical list and lack proper labels, you can be fined up to ...
How Does a Private Prop 65 Lawsuit Work?
The first step in a Prop 65 lawsuit is notice. Anyone authorized to bring suit under Prop 65 can serve a business with a notice of violation of Prop 65. The business then has 60 days to either comply with Prop 65, or explain how it is already ...
Does the OEHHA Provide Warning Labels?
No. Each business is responsible for creating, affixing, publishing, and/or distributing its own Prop 65 labels.
Does Prop 65 Regulate Mold?
No. Mold, including toxic mold, is not part of Prop 65's list of regulated chemicals.
Can a Business Be Exempt from Prop 65?
Yes. A business is exempt from Prop 65 requirements if it has fewer than 10 employees. Likewise, governmental agencies and public water systems are also exempt from Prop 65.
How Can My Business Prove the Chemicals in Its Products Do Not Pose a Substantial Risk of Harm?
If your product contains a chemical listed in the Prop 65 chemical list, and if that chemical is above the safe harbor levels, you still may not need to comply with Prop 65's labeling requirements if you can prove that the chemical concentration does ...
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How Can My Business Prove the Chemicals in Its Products Do Not Pose a Substantial Risk of Harm?
If your product contains a chemical listed in the Prop 65 chemical list, and if that chemical is above the safe harbor levels, you still may not need to comply with Prop 65's labeling requirements if you can prove that the chemical concentration does ...
What Is the Difference Between the ELV and RoHS?
ELV is narrower than RoHS in Scope. RoHS applies to all electric and electronic equipment, regardless of industry. Meanwhile, ELV applies only to electrical cables, wiring, and related components, and only insofar as they are used in transportation ...
What Is a Full Materials Declaration?
A full materials declaration (FMD) is a document one supplier issues to another -- usually its direct customer. An FMD declares one or more of the supplier's product's compliance status with REACH, RoHS, and Conflict Minerals. An FMD provides each ...
What is the Swiss Chemical Risk Reduction Ordinance (ORRChem)?
The Swiss Chemical Risk Reduction Ordinance (ORRChem) stands for the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles which entered into force since 2005. The ORRChem ...
European Economic Area (EEA)
The EEA is the European common market. It consists of all European Union countries plus Iceland and Norway. The full list of countries that are part of the EEA is below: Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia ...