There is a distinction between California proposition 65 chemicals being present in a product and whether or not the use of that product would result in exposures that exceed Safe Harbor. Only products for which exposures would exceed Safe Harbor require a Proposition 65 “Right to Know” warning.  There is also a distinction between receiving a notice of violation (NOV) and being in compliance with the regulation.  This disconnect has resulted in many NOV being filed against products that are actually in compliance.  Also, this disconnect has resulted in many products being on the market with the Right to Know warning, for which exposures would actually be below Safe Harbor.

Intertek helps clients to target their testing and to determine whether or not their products require the label using exposure assessment methods and helping to derive the NSRL and MADLs to allow for this determination to be made.

In our on-demand, we will provide an overview of the key elements of the regulation related to exposure and risk assessment, an overview of how MADL and NSRL should be derived, examples of how to do an exposure assessment, and information on NOVs and Proposition 65 warning responsibilities.

Disclaimer: The above is the work product of the authors from Intertek Scientific & Regulatory Consultancy, which is not associated with Cal/EPA. The information in this poster is for informational purposes only. Intertek Scientific & Regulatory Consultancy and its affiliates assume no liability for any inaccurate, incomplete information, or for any actions taken in reliance thereon. The information has been obtained from publicly available sources and does not constitute legal advice. Any parties having legal interest in the topic should seek appropriate legal counsel.

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