Proposition 65 and Industrial Parts

Question:  Do ‘INDUSTRY USE ONLY’ parts need to declare for  California Proposition 65, and do they need to have a Proposition 65 warning label?

Answer: There is some grey area here.  If the products do not come into contact with a consumer near the product via any of the transmission methods (oral, physical or inhalation), and are only used by an employee of the business, then the below Occupational exposure text from the regulation (27 CCR 25606) would likely apply:

27 CCR  25606

25606. Occupational Exposure Warnings. [Operative August 30, 2018]

(a) A warning to an exposed employee about a listed chemical meets the requirements of this sub-article if it fully complies with all warning information, training, and labelling requirements of the federal Hazard Communication Standard (29 Code of Federal Regulations, section 1910.1200 (Feb. 8, 2013)), hereby incorporated by reference, the California Hazard Communication Standard (Title 8, California Code of Regulations section 5194), or, for pesticides, the Pesticides and Worker Safety requirements (Title 3, California Code of Regulations section 6700 et seq.).

(b) For occupational exposures to chemicals not covered by subsection (a), warnings may be provided consistent with Sections 25601, 25602, 25603, 25604, 25605 and 25607 et seq. of this subarticle.

If there is environmental exposure because consumers could come into contact via any of the transmission methods, typically a warning sign is likely to be needed (example: "Entering this area can expose you to [NAME OF CHEMICAL] from [NAME OF ONE OR MORE SOURCES OF EXPOSURE]. [NAME OF CHEMICAL] is known to the State of California to cause cancer. 

NOTE: There is still some type of warning necessary but does not have to be via Prop 65 warning methods.

This article is current as of 2018-11-05.

Reference: www.P65Warnings.ca.gov

See also: "Proposition 65 and Non-Consumer Products"

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