The Safe Drinking Water and Toxic Enforcement Act of 1986

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The Safe Drinking Water and Toxic Enforcement Act of 1986 (colloquially Proposition 65 , CP65 for short ) is a California labeling law that was passed in 1986 by a direct voter initiative with a 63% to 37% result. The aim is to drinking water sources before toxic substances to protect the carcinogens are birth defects or other reproductive hazards can cause.

introduction

Proposition 65 marking / warning (before 08/30/2018)

Proposition 65 is administered by Cal / EPA's California Office of Environmental Health Hazard Assessment (OEHHA) and regulates the substances that are officially classified as carcinogenic, birth-reducing or reproductive-damaging in California in two ways. The first legal requirement of Proposition 65 prohibits companies from knowingly dumping listed substances directly into drinking water sources or to places from which they could enter drinking water sources. Secondly, it prohibits entrepreneurs from knowingly or intentionally exposing a person to listed substances without having explicitly warned them beforehand and made them aware of the risk (labeling).

A list of the substances covered by Proposition 65 is regularly updated and published. Chemicals are added or removed from the list based on Californian analysis and current scientific knowledge. All components are listed with their known risk factors, the listing date, the unique CAS - number and, where appropriate, whether it has been removed from the list.

Proposition 65 played a large part in the successful reduction of known toxic chemicals, especially in consumer products. The success illustrates the loopholes in the effectiveness of poison control laws, according to the US Toxics Release Inventory.

1986 Protests against Proposition 65

Proposition 65 is still politically controversial even after more than 30 years. In large part, this is because companies have the burden of proof of Proposition 65, which requires companies to know the scientific safety level for certain cancer and birth defect chemicals that companies are deliberately exposing the public to unless the government does has already established these values ​​( Safe Harbor List ). The California Environmental Protection Agency , according to has "Proposition 65 ... the awareness of the public about the adverse effects of exposure to listed chemicals .... [and] created an incentive for manufacturers to remove listed chemicals from their products .... Although Proposition 65 benefited the Californians, it has cost companies doing business in the state. "

scope

The requirements apply to carcinogenic substances where exposure at the specified concentration for 70 years of exposure leads to cancer in 1 in 100,000 people . The OEHHA describes this area as "No Significant Risk Level" (NSRL for short), which translates as "No significant risk level" . In the case of substances that are toxic to reproduction, the requirements apply to substances for which the specified concentration does not lead to an observable effect after 1000 exposures . From the OEHHA this area is called "Maximum Allowable Dose Level" (short MADL) indicates what translated means "maximum permissible dose value" means.

execution

The enforcement of violations of Proposition 65 takes place through civil action . This can be submitted by the California Attorney General , any district attorney in the county, or state attorneys in the city (for city populations> 750,000). Private parties such as private individuals or NGOs can also file a lawsuit "in the public interest" under certain conditions .

Should a company violate Proposition 65, it will incur fines of up to $ 2,500 per day per violation and pay the legal costs. In addition, the company can be ordered by a court to stop the infringement. Other penalties can also be imposed, such as B. because of unfair business practices, which are anchored in California Proposition 64 of 2004.

Private lawsuit

Before a private party can file a lawsuit, it must first inform one of the aforementioned government agencies and the entrepreneur about the violation. The government agency now has 60 days to decide whether it will file an action itself. If this does not happen, the private party can file the lawsuit itself. This process is also called 60-day notice . If the entrepreneur is convicted as a result, the private plaintiff receives a financial reward for uncovering the situation.

Since 2003, private plaintiffs have had to submit a document which, through expert opinion, supports the cause of action in order to prevent dubious claims.

Prevention option for entrepreneurs

In order to prevent a violation and a possible lawsuit resulting therefrom, companies can preventively check whether touchable parts of their products contain one or more of the 910 chemicals (as of June 28, 2019) from the current Proposition 65 list . For this purpose, corresponding chemicals can be identified using an Excel list or website that offers a search for chemical names or CAS numbers. Product manufacturers can also find out here whether a chemical in their products has been removed from the Proposition 65 list, for example saccharin , which was removed in December 2010.

If a substance has been identified that is included in the Prop65 list, it should be checked whether a judgment has already established a total content for the substance. For DEHP , for example, this is 1000ppm. If there is still no judgment here, it is advisable to check the " Safe Harbor List " whether a value is given here. If this is the case, a toxicologist should be involved, since the "Safe Harbor List" specifies the values ​​in μg / day / NSRL and / or MADl and this must first be applied to the total amount in the product. If there is also no "Safe Harbor Recommendation", it is advisable in any case to have the NSRL or MADl checked toxicologically with regard to the expected exposure .

Labelling

Warning since the 8/31/2018

The following warning text was standard for products sold in California until August 31, 2018, if these contained chemicals that were on the Prop-65 list and were above the Save Harbor value:

WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

The wording may be changed as needed provided that the chemical in question is known to the state to cause cancer, birth defects, or other reproductive harm. In the event of exposure from other sources, e.g. B. Car exhaust in a parking garage, a standard sign could read: "This area contains chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm"

Since September 1st, 2018 the word "Warning" has to be given in capital letters and a warning symbol must be placed next to it, which itself must not be smaller than the word "WARNING". The exposure warning itself must not be smaller than 6 points, but also not smaller than other warnings.

List of chemicals

Proposition 65 requires lawmakers to revise and publish the list of chemicals known to cause cancer or reproductive toxicity at least once a year.

In addition, a "safe harbor list" is published which contains limit values ​​for some substances in the Proposition 65 list, up to which the entrepreneur can be sure that no labeling is required as long as he stays below them .

See also

Web link

Individual proof

  1. ↑ TITLE 27 CAL CODE OF REGS. ARTICLE 6CLEAR & REASONABLE WARNINGS: Side-by-Side Comparison. (PDF) OEHHA, December 13, 2017, accessed on July 24, 2019 .
  2. ^ California Office of Environmental Health Hazard Assessment. Oehha.ca.gov, accessed January 6, 2014 .
  3. ^ A b c Proposition 65 in Plain Language. California Office of Environmental Health Hazard Assessment , February 1, 2013, accessed July 22, 2019 .
  4. ↑ STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENTSAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986. (PDF) California Office of Environmental Health Hazard Assessment , June 28, 2019, accessed July 22, 2019 .
  5. ↑ Roe, id. , "Real-World Effects," at 281-282.
  6. ↑ No warning is required as long as exposure is below the safety level for the specific chemical in question. However, the business responsible for causing exposure to a known cancer- or birth defect-causing chemical must be able to prove what that safety line is, if government has not already drawn it.
  7. ^ Proposition 65 FAQ. California Environmental Protection Agency , accessed October 25, 2012 .
  8. ↑ Current Proposition 65 No Significant Risk Levels (NSRLs) Maximum Allowable Dose Levels (MADLs). OEHHA, March 25, 2019, accessed on July 24, 2019 .
  9. ^ Proposition 65. California Cleaners Association, accessed January 10, 2014 .
  10. ↑ (CA Code of Regulations, Title 27, Section 25903 , and Title 11, Sections 3100 , 3101 and 3102)
  11. ↑ How is Proposition 65 enforced? State of California Department of Justice Office of the Attorney General, accessed July 25, 2019 .
  12. ↑ a b Jochen Dettke and Dr. Stefan Schmitz: California Proposition 65 in practice. (PDF) In: REACH plus. Bundesanzeiger Verlag GmbH, July 2018, accessed on July 25, 2019 .
  13. ↑ STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENTSAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986. (xlsx) OEHHA, June 28, 2019, accessed on July 25, 2019 .
  14. ↑ PROPOSITION 65 LIST. In: Caslab.com. Environmental, accessed January 6, 2014 .
  15. ↑ Saccharin Removed from EPA's Hazardous Substance List. In: Caslab.com. Environmental, December 15, 2010, accessed January 6, 2014 .
  16. ↑ CA Proposition 65 Signs. In: ComplianceSigns.com. InfoTag, Inc., accessed July 22, 2008 .
  17. ↑ https://www.p65warnings.ca.gov/
  18. ^ California Proposition 65 list of chemicals. In: ca.gov. Retrieved March 31, 2018 .
  19. ^ Office of Environmental Health Hazard AssessmentProposition 65 No Significant Risk Levels (NSRLs) for Carcinogens and Maximum Allowable Dose Levels (MADLs) for Chemicals Causing Reproductive Toxicity. (PDF) OEHHA, March 25, 2019, accessed on July 24, 2019 .