Proposition 65 - Companies Located Outside of California

Question:

We are a company located outside of California and we have a customer asking for documentation/declarations on California Proposition 65. What should we do?


Answer:

California Prop 65 does not have a specifically required declaration format to communicate substance exceedances. To respond, your company should review the current list of Calf Prop 65 substances/groups and determine if your product contains any substances above the safe harbor threshold. Once you’ve made a determination, a declaration may be drafted that contains the following fields:

  • Indicates the regulation
  • Their company (logo, name, etc.)
  • Date of declaration
  • Any substances outside the safe harbor level or if they are compliant with Prop 65 (including the date of the substance list would also be a good idea)
  • Signed by an appropriate representative of their company.

Your downstream customers may be required to provide the "clear and reasonable warning" about the substance(s) above safe harbor levels contained in the products, and this is why you need to provide the information described above.

Reference: https://webstore.iec.ch/publication/25985

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