Proposition 65: Are You in Scope?

This guide will help you determine whether your company’s products are in scope of Proposition 65.

Not Sure What to Do Next?

Follow these compliance steps to determine where you stand.

Take our scoping questionnaire

What is California Proposition 65?

The Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65, is a California law designed to protect residents, including consumers and workers, and the environment from harmful exposure to chemical carcinogens and other toxins. It requires manufacturers and distributors who make or sell products in California to provide a “clear and reasonable warning” if the use of their product may cause exposure to a chemical known to the state of California to cause cancer, birth defects, and/or reproductive harm.

This questionnaire will help you determine whether your company’s products are in scope of Proposition 65. This guide offers a high-level perspective of which companies are in scope of various legislation and, as such, does not include exceptions and detailed interpretations.

Take our Proposition 65 scoping questionnaire to find out if you’re in scope.

Are You in Scope of
Proposition 65 Requirements?

Determining Your Next Steps

If a product exceeds the exposure and safe harbor level requirements, clear and reasonable warnings are required with one or more of the following elements:

  • Tell your customers if any article contains an SVHC above 0.1% w/w and add safe-use advice when required.
  • Notify ECHA (SCIP) if you place over one metric ton a year of an SVHC in articles on the EU market. For more information on your SCIP submission obligations, check out our knowledge article.
  • Secure authorization for Annex XIV substances used in EU manufacturing.
  • Check Annex XVII to make sure no restricted substance or use condition is being overlooked, including coatings, adhesives, or surface treatments applied to the article.
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The Proposition 65 Handbook

Navigating the maze of Proposition 65 compliance can be daunting. From labeling requirements to dodging “bounty hunter” lawsuits, the stakes are high. But you don’t have to go through it alone. Download our Prop 65 handbook to learn how to improve your program.

Download Now

Ready to Close Your Compliance Gaps?

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Publication date: 2025-01-22
This information is provided for educational purposes only and does not constitute legal or regulatory advice. The information is current as of the date of publication and may become outdated as regulations evolve. Assent makes no representation that the content will remain accurate after this date. No client relationship is created.