California Proposition 65 Declaration Assessment Criteria (unofficial)

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
  • Includes unique reference to parts or products being covered by the declaration
  • 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

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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