California Proposition 65 Services

Intertek’s Proposition 65 compliance services provide valuable support to manufacturers, retailers, and importers worldwide that need to comply with this California right-to-know legislation.

Our Proposition 65 compliance services relate to the Safe Drinking Water and Toxic Enforcement Act, 1986 (also known as Proposition 65), which is a California law that was set out to promote clean drinking water and inform the public about the presence of toxic substances that cause cancer and/or birth defects in consumer products and their environment.

This regulation is overseen by the Office of Environmental Health Hazard Assessment (OEHHA), which is part of the California Environmental Protection Agency (Cal EPA). The regulation is enforced through the Office of the Attorney General.

If a product, including foods and supplements, sold in California contains a chemical that is listed on the Proposition 65 list of chemicals that are “known to the state to cause cancer or reproductive toxicity”, a warning for the product may be required if exposure to that chemical is above the Safe Harbor Level (if one has been established).  Failure to comply with the regulations can result in your company being issued a “60-Day Notice” of non-compliance or “Notice of Violation” and your company can be taken to court if a settlement is not reached. Settlement fees can cost companies tens of thousands to as much as several hundred thousand dollars. Compliance with this regulation cannot be ignored.

Intertek has board-certified toxicologists and other scientific professionals that understand the complexities of Proposition 65 compliance issues and know how to address them. In conjunction with its laboratory testing facilities, Intertek has critical components for your Proposition 65 compliance needs.

Intertek’s California Proposition 65 Services include:

  • BPA Warning Label Requirement Services
  • Supply chain analysis/data collection
  • Compliance Assurance Process implementation and certification
  • Chemical Testing and Analysis  and screening (XRF) of products, including acrylamide analysis
  • Assessing areas of risk for California Proposition 65 substances, and providing compliance strategies
  • Preparing Proposition 65-related positional statements for your company (i.e., in relation to providing arguments against the listing of a chemical on the Proposition 65 list or for de-listing a chemical)
  • Deriving “No Significant Risk Levels (NSRLs)” and “Maximum Allowable Dose Levels (MADLs)” for chemicals in the absence of OEHHA derived Safe Harbor Levels
  • Conducting exposure assessments to evaluate whether your company’s product complies with the regulations and whether a warning may be required
  • Assisting in obtaining Safe Use Determinations for your product(s) from OEHHA
     
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