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CA Prop 65 Testing

Proposition 65, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot in itiative in November1986 inthe state ofCalifornia. The Proposition was intended by its authors to protect Californian citizens and the State's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposure to such chemicals.

PTS Testing Service offers Proposition 65 compliance testing and technical consultations at our CNAS accredited laboratory.  Chemical testing of substances is a specialist task and only a chemical testing laboratory with a comprehensive understanding of chemical testing can provide this support.

PTS Testing Service is a specialist chemical testing laboratory with an expert knowledge of proposition 65 testing.  Established for over have the technical pedigree in laboratory testing to ensure fast accurate support.  We are one of the fastest testing laboratories inAsiaand our aim is to deliver results within 2-3 working days.

Whilst many testing laboratories are only able to supply simple pass/fail test reports; PTS Testing Service is able to offer additional support and advice immediately upon report of a sample failure.  In addition our experience of different material testing means that we ensure the appropriate test methods are used at all times.

Proposition 65 has more recently become a product safety directive under which any retailer of a product or service can be challenged legally regarding the chemical content of a product against a list of over 850 potential chemical candidates.

Proposition 65 does not ban the sale of any product; it requires, however, that warnings are issued advising citizens and consumers of potential risk. Proposition 65 only applies in the State ofCaliforniaand covers all products and services distributed within the State.

The list of chemicals is extensive (in excess of 850) and can be found at

http://www.oehha.org/prop65/prop65_list/files/P65single061110.pdf   

Since its conception, Proposition 65 has concluded consent agreements on lead(Pb), Cadmium(Cd), Arsenic(As), Formaldehyde, phthalates and other listed chemicals that have been found in a variety of consumer products.

The fashion accessories covered by the settlement include:

•    Footwear

•    Wallets, coin or bill holders

•    Handbags, purses, clutches, or totes

•    Jewellery

•    Belts

•    Apparel, including gloves and headwear

•    Key holders, keychains, and key caps

•    Luggage tags and ID cases

•    Bag charms and zipper pulls

•    Covering cases for electronic devices

•    Cosmetics cases and bags

•    Toiletry cases and bags

California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) lists approximately 800 substances that are considered by the Office of Environmental Health Hazard Assessment (OEHHA) to be carcinogenic or developmental toxicants.

Of course, it is effectively impossible - as well as illogical - for any company to actually test their product components for each listed substance.

However, our detailed knowledge of the many stages of leather processing, supply chain and specific type of leather in each case, enables us to identify the exact chemicals that could be present and need to be tested for.

Once we have used techniques such as GC/MS, HPLC and AAS to confirm the absence of all the identified "suspects,” we provide independent certification of compliance and peace of mind.

CaliforniaProposition 65 Testing

CaliforniaProposition 65 (Prop 65) Testing Services from PTS Testing Service

California Proposition 65 testing (Prop 65) is carried out at PTS Testing Service by risk assessing products, then offering testing for selected chemicals that may be applicable under California Proposition 65. The chemicals selected for testing under Prop 65 would be representative of those that are commonly regulated across global legislation and that could be present in the materials/products submitted for analysis.

It is important to note that the chemicals listed under Prop 65 (unless subject to a settlement arrangement) do not have defined limits or test methods and as such best available techniques and EU REACH restriction limits will be used to assess risk. Prop 65 testing reports from PTS Testing Service will therefore not state compliance against Proposition 65 but they will provide your organisation with a clear risk assessment.

What is California Proposition 65 testing?

California Proposition 65 testing is designed to identify any product compliance issues with the California Proposition 65 legislation, for the State ofCalifornia. California Proposition 65 only applies to the state ofCalifornia, however this includes all products distributed within the state. Therefore, if you are selling or distributing your products intoCaliforniathey must be proposition 65 compliant.

California Proposition 65 is a ballot initiative passed overwhelmingly by Californian citizens in1986 inorder to address their growing concerns regarding exposure to toxic chemicals. Originally entitled ‘The Safe Drinking water and Toxic Enforcement Act’, California Proposition 65 aimed to protect Californian citizens and the states drinking water from chemicals known to cause cancer, birth defects and other reproductive harm.

More recently, the act has become a product safety directive meaning that any retailer of a product or service is legally responsible for the chemical content of that product or service.

California Proposition 65 is managed by the Office of Environmental Health Hazard Assessment (OEHHA), who’s aim is to protect and enhance public health and the environment by scientific evaluation of risks posed by hazardous substances.

What chemicals are covered under California Proposition 65 legislation?

There are currently in excess of 850 chemicals in the Proposition 65 List. The chemicals listed are known to cause cancer or birth defects or other reproductive harm. The listed chemicals include additives or ingredients in consumer goods, pesticides, common household products, foods, drugs, dyes, solvents etc. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.

How do I comply with California Proposition 65?

Under the act, businesses are required to provide a ‘clear and responsible’ warning before knowingly and intentionally exposing anyone to a listed chemical. This warning could be on the product itself, on its packaging, or by means of prominent signage at the point of distribution. Once a chemical has been listed businesses have 12 months to comply with the warning requirements.

For chemicals listed as carcinogenic

A warning is required if the exposure to the listed chemical is above the ‘no significant risk level’ (NSRL). This NSRL can be defined as the level of exposure by which one person exposed to that chemical over a 70 year lifetime would have no more than a one in 100,000 chance of developing cancer as a result of exposure to that chemical.

For chemicals listed as causing birth defects and other reproductive harm

A warning is required if the exposure to the listed chemical is above 1/1000th of the ‘maximum allowable dose level’ (MADL). The MADL is determined by the level of exposure that has been shown to cause no harm to humans or laboratory animals. This value is then divided by 1000 to create an ample margin of safety.

At PTS Testing Service, we recommend that you carry out California Proposition 65 testing to ensure their compliance with the legislation.

Why you need to comply with California Proposition 65?

The main reason for compliance is the possibility of civil lawsuits; a business can be fined up to $2,500 per day per violation.

In addition to this, compliance protects the health and safety of the consumer and ultimately the business’ reputation and brand image. Settlements are also common but can cost several thousand dollars.
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