CA Prop 65 Services

CA Prop 65 refers to the Safe Drinking Water and Toxic Enforcement Act, 1986 (also known as Proposition 65), a California law that is intended to promote clean drinking water and inform the public about toxic substances that cause cancer or birth defects in consumer products and their environment. California Prop 65 is regulated by the Office of Environmental Health Hazard Assessment (OEHHA), which is part of the California Environmental Protection Agency (Cal EPA), and enforced by the Office of the Attorney General.

We provide Prop 65 compliance consulting and regulatory training services to manufacturers, suppliers, and distributors of products in California. Our consulting services will conclude with a documented strategy and plan. In addition to the initial consulting, we assist with the collection of Prop65 declarations from the supply base through a multipronged and proactive supplier engagement program. Our goal is to ensure the compliance program is both efficient and compliant.

Prop 65 consulting and documentation services include:

  • Determine compliance based on the current “As Is” assessment
  • Determine requirements for Warning Labels on the product
  • Analyze the complete supply chain and collect declarations from suppliers
  • Implement and certify the Compliance Assurance Process
  • Identify areas of risk for California Prop 65 substances and developing a compliance strategy
  • Prepare position statements for your organization regarding Prop 65 (including arguments against listing or de-listing a chemical).
  • Derive “No Significant Risk Levels (NSRLs)” and “Maximum Allowable Dose Levels (MADLs)” for chemicals without OEHHA Safe Harbor Levels
  • Analyze exposures to determine if a warning is required for your company’s product and if it complies with the regulations
  • Assist you obtain Safe Use determinations from OEHHA for your products

Prop 65 mandates that businesses need to notify customers about a product’s presence if the product includes a chemical that is listed on a list of chemicals that are “known to the state of California to cause cancer or reproductive toxicity”. That warning may be required if exposure to the chemical exceeds the Safe Harbor Level (if one exists). If your company fails to comply with the regulations, it may receive a “60-Day Notice” of non-compliance or “Notice of Violation,” and can be taken to court if no settlement is reached. In recent years, settlement fees have cost companies’ tens of thousands of dollars up to several hundred thousand. Businesses cannot ignore this regulation.

Enventure’s Compliance Division
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