California Safe Drinking Water and Toxic Enforcement Act (Prop 65)

The Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65 (Prop 65), requires businesses to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone in California to a listed chemical, which are known to the State of California to cause cancer, birth defects or other reproductive harm, or both. The California Office of Environmental Health Hazard Assessment has recently made changes to Prop 65 consumer product exposure warning requirements. For more information on Prop 65, please see the links in the appendix.

We rely on you for providing us with accurate information regarding your products and for maintaining the necessary documentation to support the information that you have provided to us. For each item you currently provide to O.C. White, please answer the following questions:

  • 1. Does this product require a Prop 65 warning?
  • 2. To which Prop 65 chemical(s) may a consumer be exposed?
  • 3. What is/are the CAS number(s) of the Prop 65 chemical(s) to which a consumer may be exposed?
  • 4. Is/Are the Prop 65 chemical(s) known to cause cancer, reproductive toxicity, or both?
  • 5. Does the product include an on-product label compliant with the Prop 65 rules that will take effect as of August 30, 2018? If not, do you intend to provide a compliant on product label with this product by August 30, 2018?
  • 6. What chemical(s) do you intend to name in the Prop 65 warning for this Product?

Please return your information in one of these formats:
- An Excel spreadsheet showing your product number, as well as our product number for correlation
- A Safety Data Sheet (SDS) that includes compliant Prop 65 warnings including the chemical(s) subject to the warning.
- Your own preferred format.

You may fax these documents to us at (413) 289-1754 (Attention: Prop65) or email Richard May Jr. (richjr@ocwhite.com) with the electronic document(s).

By responding, you agree that (i) you shall comply with the safe harbor for the consumer product exposure warning requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986, Cal. Health & Safety §§ 25249.5, et seq., as amended, and Proposition 65, Cal. Code Regs. tit. 27, §§ 25600, et seq., as amended; and that (ii) all products shipped to O.C. White as of August 30, 2018 shall contain an on-product label compliant with the Proposition 65 rules, Cal. Code Regs. tit. 27, §§ 25600, et seq., as amended, that take effect as of August 30, 2018.

We appreciate your assistance in providing this information. Please contact us with any questions or concerns.

Thank you from all of us at O.C. White.

APPENDIX
Text of Proposition 65 (California Code of Regulations):
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I42D79370D45011DEA95CA4428EC25FA0&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)
Proposition 65 - Your Right To Know:
https://www.p65warnings.ca.gov/

Current List of Proposition 65 Chemicals:
https://oehha.ca.gov/proposition-65/proposition-65-list
Modified Article 6 Clear and Reasonable Warnings Questions and Answers for Businesses:
https://oehha.ca.gov/media/downloads/crnr/art6businessqa.pdf
Side-by-side comparison of 2008 text and 2016 text of Article 6, Clear and Reasonable Warnings:
https://oehha.ca.gov/media/downloads/crnr/side-sidearticle6.pdf