What Should a Business Do if There is No Safe Harbor Level?

What Should a Business Do if There is No Safe Harbor Level?

Where the OEHHA has not defined a NSRL or MADL, businesses should provide a ‘Prop 65 warning’. Businesses can be exempt if they can show that the anticipated exposure level will not pose a significant risk of cancer or reproductive harm. Stakeholders should refer to...
What Are the Prop 65 Safe Harbor Levels For Listed Chemicals?

What Are the Prop 65 Safe Harbor Levels For Listed Chemicals?

The OEHHA has established over 300 safe harbor levels. These include: No Significant Risk Levels (NSRLs) for cancer-causing chemicals Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity As noted previously, a safe harbor level is a daily...
What Does the Term Safe Harbor Mean Within Prop 65 Laws?

What Does the Term Safe Harbor Mean Within Prop 65 Laws?

The original Act, the subsequent legislative, bureaucratic, court and State Attorney General interpretations, additions and changes along with the OEHHA now use two distinct terms of art with respect to the term ‘Safe Harbor’. The first refers to the generic warnings...
Who is Responsible for Providing Prop 65 Warnings?

Who is Responsible for Providing Prop 65 Warnings?

Since the regulatory changes were finalized August 2017 for implementation in August of 2018, the primary responsibility is on product manufacturers, producers, packagers, importers, suppliers and/or distributors. For consumer product exposures, businesses in the...
Are There Exemptions to Prop 65?

Are There Exemptions to Prop 65?

Yes, these include: Governmental agencies and public water utilities Businesses with nine or fewer employees Exposures that pose no significant risk of cancer Exposures that will produce no observable reproductive effect at 1,000 times the level in question Exposures...
What Were the Original Requirements of Prop 65?

What Were the Original Requirements of Prop 65?

The State is required to maintain and publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list is administered by the Office of Environmental Health Hazard Assessment (OEHHA) and is updated at least once a year. First...