PROPOSITION65

SCOPING GUIDE

This guide will help you determine whether your company's products are in scope of Proposition 65. It offers a high-level perspective of which companies are in scope of various legislation and, as such, does not include exceptions and detailed interpretations. For this information, readers should consult their legal counsel.

1

Does your company manufacture, import, sell (including online) or distribute products in the State of California?

Yes No

2

Do any of your customers import or sell products in the State of California?

Yes No

Did you know?

Proposition 65 does not only impact companies based in California. The law applies to any product sold to a consumer within the state.

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Did you know?

Proposition 65 does not only impact companies based in California. The law applies to any product sold to a consumer within the state.

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3

2

Are your products sold to consumers?

Yes No
Occupational Safety and Health Administration requirements apply
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Occupational Safety and Health Administration requirements apply
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4

3

Does your product contain any Proposition 65-listed substances above the safe harbor level?

Yes No I Don't
Know

Safe Harbor Levels

California’s Office of Environmental Health Hazard Assessment determines the safe harbor levels &emdash; the level above which a substance may be considered harmful — for chemicals listed under Proposition 65. If these thresholds are surpassed, the chemicals will activate warning and discharge prohibition requirements.

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Safe Harbor Levels

California’s Office of Environmental Health Hazard Assessment determines the safe harbor levels — the level above which a substance may be considered harmful &emdash; for chemicals listed under Proposition 65. If these thresholds are surpassed, the chemicals will activate warning and discharge prohibition requirements.

Got It
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5

4

Will consumers or workers be
exposed to the substance(s)?

Yes No I Don't
Know

Did you know?

If a consumer or workers could be exposed to listed substances above safe harbor levels during normal use of a product, your product is in scope. Safe harbor levels usually define how much exposure per day requires a warning.

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Did you know?

If a consumer could be exposed to listed substances above safe harbor levels during normal use of a product, your product is in scope. Safe harbor levels usually define how much exposure per day requires a warning.

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In
Scope

Your product is in scope
of Proposition 65

If a product exceeds the exposure and safe harbor level requirements, clear and reasonable warnings are required with one or more of the following elements:

  • Triangle warning symbol followed by the word “WARNING” in the same size font
  • Description of the hazards of exposure followed by the URL www.p65warnings.ca.gov
  • A warning with a link to the URL is required for catalogs and websites when no warning label is provided on the product
  • Specific warning language for products that contain chemicals that are carcinogenic or toxic to reproduction (both or separately)
  • Special requirements for font size on labels and signs
  • Optional Proposition 65 statement in Section 15 of the Safety Data Sheet

Proposition 65 has strict labeling and compliance requirements. Learn more about the law in our whitepaper, Understanding the Safe Drinking Water & Toxic Enforcement Act, or read our Guide to Understanding Proposition 65 Labeling Requirements for information specific to your labeling requirements.

[WHITEPAPER]Proposition 65: Understanding the Safe Drinking Water & Toxic Enforcement Act

This whitepaper provides an overview of Proposition 65, highlights the requirements of the act and helps readers understand their obligation under this broad legislation. Over the years, the law has continued to evolve. This whitepaper explains recent changes to the act.

© 2020 Assent Compliance Inc.

Out
of
scope

Being out of scope of Proposition 65 does not make you exempt from indirect obligations around the act

Understanding Proposition 65

Proposition 65 requires companies to notify the public when specific substances or chemicals are found within products. New labeling requirements introduced in 2018 means companies must have all necessary data to demonstrate the safety of their products. As such, any manufacturer that sells to in-scope companies may need to provide product data, or label information, as a condition of their contract.

Proposition 65’s bounty hunter provisions means companies are under exceptional pressure to meet these new requirements. Learn more in our whitepaper, Understanding the Safe Drinking Water & Toxic Enforcement Act.

Go Back>Start Over

[WHITEPAPER]Proposition 65: Understanding the Safe Drinking Water & Toxic Enforcement Act

This whitepaper provides an overview of Proposition 65, highlights the requirements of the act and helps readers understand their obligation under this broad legislation. Over the years, the law has continued to evolve. This whitepaper explains recent changes to the act.

© 2020 Assent Compliance Inc.

Out
of
scope

Assent Compliance helps companies like yours collect data and assess risks across the supply chain

Product Compliance With Assent

Our comprehensive solution allows you to meet product compliance obligations, including chemical reporting and restricted substances requirements. We reduce your costs while improving data quality, and provide all of your compliance data in one central platform.

Read the Assent Product Compliance Suite Guide to see how we collect substance information to demonstrate compliance.

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[GUIDE]The Assent Compliance Product Compliance Suite

Complying with various international regulations that restrict the use of substances in products can be a challenge for in-scope companies. With Assent’s Product Compliance Suite, you will have the resources you need to easily collect supplier data, track campaign performance and report on product composition.

This guide provides an overview of the modules housed under Assent’s Product Compliance Suite. It also highlights the advantages of managing requirements for various product compliance regulations, including REACH and RoHS, in one centralized place.

© 2020 Assent Compliance Inc.

I don't
know

If you do not know whether your products contain any Proposition 65-controlled substances above the safe harbor level, your company is at risk.

Safe Harbor Levels

Proposition 65 requires companies to know what substances are in their products, and at what levels. If any of your products contain controlled substances above established safe harbor levels, they must be appropriately labeled and your company may have additional requirements.

Failure to understand what substances are in your products, and whether or not they surpass safe harbor levels, puts your company at significant risk of being sued for breaching the act under its bounty hunter provisions.

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Speak With Our Proposition 65 Experts

Assent Compliance’s experts are available to talk with you about your company’s requirements under Proposition 65, and to provide solutions that will help ensure your products comply with the law’s requirements.

Thank you for your message.

A specialist will be in touch with you shortly.

© 2020 Assent Compliance Inc.

I don't
know

If you do not know whether your products expose consumers to Proposition 65-controlled substances above the safe harbor level, your company is at risk.

Safe Harbor Levels

Proposition 65 requires companies to know what substances are in their products, at what levels, and whether consumers will be exposed. If any of your products contain controlled substances above established safe harbor levels, and if consumers will be exposed, those products must be appropriately labeled and your company may have additional requirements.

Failure to understand what substances are in your products, and whether or not they surpass safe harbor levels, puts your company at significant risk of being sued for breaching the act under its bounty hunter provisions.

Go BackStart Over

Speak With Our Proposition 65 Experts

Assent Compliance’s experts are available to talk with you about your company’s requirements under Proposition 65, and to provide solutions that will help ensure your products comply with the law’s requirements.

Thank you for your message.

A specialist will be in touch with you shortly.

© 2020 Assent Compliance Inc.
© 2020 Assent Compliance Inc.