Proposition 65

What WSPA Says:

Although some risk of over-warning exists, WSPA recognizes the benefits of clear and reasonable warnings and supports continued efforts to educate the public on the appropriate use of commercial and industrial products and chemicals.

Public and private resources should not be wasted on frivolous allegations and unfounded suits by "parties acting in the public interest" that needlessly alarm the public and divert attention from the development of reasoned public policy.

Background:

Proposition 65 requires the Governor to publish a list of chemicals that are known to the state to cause cancer, birth defects, or other reproductive harm. This list must be updated at least annually. As of last year, more than 500 chemicals are on the Proposition 65 list and thus are regulated under this law.

Businesses that release these compounds to the environment are subject to the provisions of this law and must provide clear and reasonable warnings to persons prior to exposing them to a listed chemical. Warnings can be seen at entrances to facilities, at service stations and on product labeling.

Further, businesses must not knowingly discharge or release a listed chemical into the water or onto the land where it passes or probably will pass into a source of drinking water.

A unique provision of the proposition allows for both civil enforcement by the Attorney General, district attorneys, or city attorneys and by "parties acting in the public interest." These parties can, and have, acted to sue under Proposition 65.

[The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) appears in California law as Health and Safety Code &&25249.5 through 25249.13.]

Key Points:

• As soon as Proposition 65 took effect, WSPA and it members developed warning programs in full compliance with Proposition 65's requirements. The program was developed in consultation with the State Attorney General and several public interest groups.

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