California Proposition 65
Approved by voters in 1986, this law was intended to address public concerns over chemicals and compounds in the environment. This law became commonly known as Prop 65.
Overview of the Issue
Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide warnings on products about potential health risks. Last year, California’s Office of Environmental Health Hazard Assessment (OEHHA) overhauled the system by finalizing changes to the commonly used short form warning labels. Updated regulations require one specific chemical to be labeled in the disclaimer while also mandating additional warning options.
Recreational fishing businesses need to be aware of Proposition 65 regulations and ensure compliance with warning requirements. This includes understanding which chemicals are covered by the law, providing appropriate warnings when necessary, and staying informed about updates or changes to regulations. Compliance with Proposition 65 regulations may result in additional costs for businesses, such as testing equipment for chemical content and implementing labeling or warning systems.
Updated Proposition 65 Label Requirements
Recent Prop 65 regulation updates require updated warning verbiage on product labels. The following is an overview of what the new changes require:
Chemical Identification: Short-form warnings must now include at least one chemical name for each exposure pathway (cancer or reproductive harm).
Warning Statement: Businesses can choose between two options for the warning statement, depending on whether the exposure is to a carcinogen, reproductive toxicant, or both.
Prominent Display: Short-form warnings must be prominently displayed and cannot be smaller than six-point type.
Warning Symbol: The yellow triangle with the exclamation point remains a requirement, but businesses can also use the phrases “CA WARNING” or “CALIFORNIA WARNING” instead of just “WARNING”.
Website Link: The warnings must include the website www.P65Warnings.ca.gov.
Transition Period: Businesses have a three-year transition (ending Jan. 1st, 2028) period to comply with the new regulations.
Additional Proposition 65 Guidelines
ASA worked alongside Marten Law to develop a list of guidelines that will assist members when abiding by Prop 65 requirements. Please click here to access that document. For additional information, please contact VP of Government Affairs Mike Leonard by emailing mleonard@asafishing.org.
