Proposition 65 Requirements for Metal Suppliers

Question Posed:

We only supply metals (carbon steel, stainless steel, alloy, aluminum, etc). We do not manufacture, process, or modify the materiality of these metal products. What information do we need to provide to comply?

Answer Provided:

California Proposition 65 requires a "clear and reasonable warning" to the consumer if the product contains a listed substance over the Safe Harbor Level and there is risk of exposure (oral, airborne or dermal).  If you don't sell directly to the consumer, then the Occupational Health and Safety Administration (OSHA) requirements (ensuring that employees work in a safe and healthful environment by setting and enforcing standards, and by providing training, outreach, education and assistance) prevail. However, as part of these requirements, information needs to be provided to the recipient for products containing substances on the Proposition 65 List that workers could be exposed to (often via an SDS Safety Data Sheet).  Often workers may be exposed to greater levels than consumers because of the frequency they may touch or interact with the parts.

What you need to understand with the metal products is if there is any of the listed substances contained in the metal (because the metal creation could contain different levels and types of the substances) and if, during use of the metal, there is potential for exposure.  Many of the substances in these metals have Safe Harbor Levels with specific exposure routes listed. You need to make sure your products do not have these exposure routes, and if so, provide some type of warning. 

Note: As part of recent lawsuits, a reformulation of a Stainless steel chopping knife to ≤ 100 ppm Lead and ≤ 1000 ppm DEHP was mandated. Otherwise a warning is required.  

Reference: query=Reformulation+requirements+stainless+steel

**Article contents valid as of 2018-05-02

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