Proposition 65 is a California law that has been in effect since 1986 to promote clean drinking water and to require businesses to provide a clear and reasonable warning before exposing individuals to consumer products containing chemicals known to the state to cause cancer, birth defects, or other reproductive harm. Proposition 65's formal title is "The Safe Drinking Water and Toxic Enforcement Act of 1986." It is administered by Cal/EPA's Office of Environmental Health Hazard Assessment (OEHHA).
The law requires labeling of consumer products sold in the State of California when specified chemical substances are present. An official list of these substances is published and periodically updated by OEHHA. For some Proposition 65 listed chemicals, OEHHA has determined "safe" levels of exposure which constitute safe harbor limits. This list, which must be updated at least once a year, has grown to include approximately 800 chemicals.
OMNOVA Solutions is committed to providing quality products to all of its customers. Some products supplied by OMNOVA may contain chemicals, identified by the State of California as a cause of cancer, birth defects or other reproductive harm at certain exposure levels. Exposure levels are influenced by many factors, including the intended use or application for the product. “Safe harbor” exposure levels have been established for some, but not all, Prop 65 chemicals. In some cases, testing and a risk assessment may be required to establish acceptable exposure levels for certain applications and uses. Consumer products which can be demonstrated to have exposures less than the safe harbor level for specific chemicals may not require labeling.
Due to the presence of Prop 65 listed chemicals in certain products, you may have concerns about compliance with Proposition 65. If this is the case, you may wish to include a product label on products that may be delivered within California to include an appropriate warning under California law.
Businesses could face serious legal consequences if it is determined that a Prop 65 warning was not included as part of the product labeling when it was required. If your company intends to use OMNOVA products as a component in a product(s) sold or delivered to consumers in California, OMNOVA recommends that you take steps to determine whether the warning requirements of California's "Prop 65" apply. Your company is solely responsible for determining whether your finished consumer product needs to be labeled in compliance with Prop 65.