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CA Prop65 Act


California Proposition 65 (Proposition 65), the Safe Drinking Water and Toxic Enforcement Act of 1986, prohibits the contamination of drinking water with chemicals known to cause cancer or reproductive toxicity. In the course of business, no person shall knowingly discharge or release into the water chemicals known to cause cancer or reproductive toxicity. 2. Warnings must be given prior to exposure to chemicals known to cause cancer or reproductive toxicity. No person shall knowingly expose any individual to a chemical known to cause cancer or reproductive toxicity in the course of business without first giving clear and reasonable warning.


California 65 itself does not set limits for hazardous substances, only safe harbor levels, and safe harbor levels are very difficult to enforce in practice. When an individual or group questions the safety level of certain hazardous chemicals in a product, they can file a lawsuit in court and eventually reach a settlement agreement or court decision with the plaintiff, the hazardous substance limits will be set in the settlement agreement or court decision. Therefore, California 65 hazardous substance control is often based on the hazardous substances and limit values involved in previous settlement agreements or court judgments cases for the same or similar products.


Some of the California 65 settlement agreements and court decisions are as follows:



Products

Requirements

Case provisions corrective measures

Case Number

Headphone cable

DEHP, DBP, BBP, DIDP, DnHP, DINP≤ 100 ppm(Single item)

Remanufacturing

CIV 474817

Headphones

DEHP, DBP, BBP, DIDP, DnHP, DINP≤ 1000 ppm(Single item)

Remanufacturing and warnings

CGC-11-514883

Washing machine connector

DEHP, DINP≤ 1000 ppm(Single item)

Remanufacturing and warnings

RG16803636

Water heater drain valve

Lead ≤ 90 ppm; and

Remanufacturing and warnings

Moore v Anderson Brass Company Out-of-court settlement

Wipe lead ≤ 1μg (NIOSH 9100)

Radios

Lead ≤ 90 ppm

Remanufacturing

CGC-12-519454

Phone Cases

BPA Not detectable

Remanufacture or warning

Anthony Ferreiro v. Pivet Communications, LLC Out-of-court settlement

Popcorn Machine

BPA≤ 20ppm

Warning

RG18899101

Polycarbonate cookware

BPA Not detectable

Remanufacture or warning

RG17859873


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