Question Posed:
What are the criteria for a good declaration that could be used to communicate the presence of Proposition 65 listed substances?
Answer Provided:
A Proposition 65 declaration can contain many of the same elements that you could see in a declaration for EU RoHS or REACH SVHC communication. Below is the general criteria that Assent Compliance uses to assess overall declaration quality for California Proposition 65:
- On company letterhead
- Needs to indicate that the declaration is an official company communication of the employee making the declaration
- Includes the proper Prop 65 legislative reference
- Actual Legislation Title: “Safe Drinking Water and Toxic Enforcement Act of 1986”
- Other acceptable references include:
- Proposition 65
- California Proposition 65
- Other acceptable references include:
- Actual Legislation Title: “Safe Drinking Water and Toxic Enforcement Act of 1986”
- Includes a clear reference to parts or products being covered by the declaration
- This may be a blanket reference or a specific reference to individual parts or products, but if a blanket reference is used any parts/products not in compliance must still be individually identified
- Declares compliance status
- States that it does not contain any Proposition 65 substances over safe harbor levels; or
- States that it does contain one or more substances over safe harbor levels
- Must identify the substance or substances creating the non-compliance per part or product
- Signed by appropriate individual
- Name, contact details, and position must be included
- Must be an employee of the company issuing the declaration
- Position/job title should indicate a degree of familiarity with materials or product adequate to stating compliance status (e.g. Engineering, Quality, Materials, Compliance Manager)
- Dated
- Declaration should be no more than two (2) years old unless
- new substances have been added to the Proposition 65 substance list, or
- if your industry often changes materials in the production of parts covered in this declaration, it should be updated upon material change
- Declaration should be no more than two (2) years old unless
Reference: https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations
**Article contents valid as of 2017-07-18
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