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 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

Reference: https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations

**Article contents valid as of 2017-07-18