Prop 65

Proposition 65 (officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986) is a California law passed by direct voter initiative in 1986 by a 63%-37% vote. Its goals are to protect drinking water sources from toxic substances that cause cancer and birth defects and to reduce or eliminate exposures to those chemicals generally, for example in consumer products, by requiring warnings in advance of those exposures.

History

Proposition 65 was enacted as a result of voter concern regarding exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Proposition 65 is administered by Cal/EPA's California Office of Environmental Health Hazard Assessment (OEHHA).

Requirements

Proposition 65 requires the Governor to publish, at least annually, a list of chemicals known to the state to cause cancer or reproductive toxicity. Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be given by a variety of means, such as by labeling a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, or publishing notices in a newspaper.

Enforcement

Enforcement is carried out through civil lawsuits against businesses alleged to be in violation. These lawsuits can be brought by the Attorney General, any district attorney, or certain city attorneys (those in cities with a population exceeding 750,000). Lawsuits may also be brought by private parties "in the public interest" if the state has not already taken action.

Criticisms and Reforms

While Proposition 65 has been successful in reducing exposure to toxic chemicals, it has been criticized for its overreach and the burden it places on businesses. Critics argue that the law has been used to target small businesses and has resulted in a flood of lawsuits, many of which they claim are frivolous. In response to these criticisms, reforms have been implemented to reduce the burden on businesses and to increase the transparency of the law.

See also

• California Environmental Protection Agency
• List of Proposition 65 chemicals
• Toxic Substances Control Act