1986 California Proposition 65

1. 1986 California Proposition 65

1986 California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that was enacted by California voters in November 1986. The proposition was designed to protect California's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects, or other reproductive harm, and to inform citizens about exposures to such chemicals.

Background

Proposition 65 was introduced as a ballot initiative in response to growing public concern about exposure to toxic chemicals. The initiative was spearheaded by environmental and public health advocates who sought to increase transparency and accountability regarding chemical hazards.

Key Provisions

Proposition 65 requires the state to publish a list of chemicals known to cause cancer or reproductive toxicity. This list is updated at least once a year and includes a wide range of naturally occurring and synthetic chemicals.

The law mandates that businesses provide clear and reasonable warnings before exposing individuals to any of the chemicals on the list. These warnings can be provided through labels on products, signs at workplaces, or notices distributed to affected communities.

Additionally, Proposition 65 prohibits the discharge of listed chemicals into sources of drinking water.

Enforcement

Proposition 65 is enforced through civil lawsuits. The California Attorney General, district attorneys, and certain city attorneys can bring enforcement actions. Private individuals can also file lawsuits if they provide a 60-day notice to the alleged violator and the appropriate public enforcement agencies.

Impact

Since its enactment, Proposition 65 has had a significant impact on businesses operating in California. Companies often reformulate products to avoid the need for warning labels, and the law has led to increased public awareness about chemical exposures.

Critics argue that the law can lead to over-warning, where consumers are inundated with warnings that may not always be meaningful. However, supporters claim that it has been instrumental in reducing exposure to harmful chemicals.

Also see

• Environmental law in California
• Toxic Substances Control Act
• Public health in California
• Chemical safety