In November 1986, California voters approved a ballot initiative to address concerns about exposure to toxic chemicals. That initiative became The Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name: Proposition 65.
New regulations were adopted in August 2016 that amend the current provision for “clear and reasonable” Proposition 65 warnings. The new regulations will become effective August 30, 2018 and apply to product manufactured on or after this date.
Proposition 65 requires the Governor of California to publish a list of chemicals that are known to the State of California to cause cancer, birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include more than 900 chemicals since it was first published in 1987. It also requires that businesses 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, by posting signs at the workplace, or by publishing notices in a newspaper.
This warning means the business issuing it is aware, or believes, that one or more listed chemicals may be present in its product, even if only in trace amounts. Shurjoint has chosen to provide a warning notice on all shipping containers within the American continents. This warning label will be as follows:
It is important to note that this warning does not mean our products inevitably cause cancer or reproductive harm. Proposition 65 may be best defined as a “Right to Know” law, and Proposition 65 warnings are not an indication that a product is violating safety standards or regulations.
Proposition 65 does not ban or restrict the use of the chemicals on the list, many of which can be found in a variety of metal, rubber, and plastic components, and even those that are naturally occurring such as Nickel, or byproduct like wood dust. A warning must be given if the listed chemical is merely present in a product unless a business demonstrates the level of exposure poses “no significant risk”. With respect to carcinogens, the “no significant risk” level is defined as the level which is calculated to result in not more than one excess case of cancer in 100,000 individuals exposed over a 70-year lifetime.
The California Office of Environmental Health Hazard Assessment, (OEHHA) administers the Proposition 65 program and maintains a comprehensive website at https://www.p65warnings.ca.gov/. This website explains the law, addresses Frequently Asked Questions and provides a link to the P65 list of chemicals, which is https://oehha.ca.gov/proposition-65/proposition-65-list .