California Proposition 65 (1986)

California Proposition 65 (1986)

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Proposition 65 (formally titled "The Safe Drinking Water and Toxic Enforcement Act of 1986") is a California law passed by direct voter initiative in 1986 by a 63%-37% margin. Its goals are to protect drinking water sources from toxic substances that cause cancer and birth defects and to reduce or eliminate exposures to those chemicals generally, for example in consumer products, by requiring warnings in advance of those exposures. It is administered by Cal/EPA's California Office of Environmental Health Hazard Assessment (OEHHA). Proposition 65 regulates substances officially listed by California as causing cancer or birth defects or other reproductive harm in two ways. The first regulatory arm of Proposition 65 prohibits businesses from knowingly discharging listed substances into drinking water sources, or onto land where the substances can pass into drinking water sources. The second regulatory arm of Proposition 65 prohibits businesses from knowingly exposing individuals to listed substances without providing a clear and reasonable warning.

Since enactment, Proposition 65 has been the reason for reformulation of numerous consumer products to eliminate toxic chemicals covered by Proposition 65, as well as other significant changes to reduce exposures such as toxic air emissions. In some cases consumer products have been relabeled to show specific toxic ingredients, but reformulation has been far more common. An official list of covered substances is maintained and made publicly available. Entries are added or removed based on current scientific information. All substances listed show their known risk factors, a unique CAS chemical classification number, the date they were listed, and, if so, whether they have been delisted.

Proposition 65 remained politically controversial for well over a decade after it passed, in large part because, in effect, it put the burden of proof on business instead of government to make a key scientific determination about safety levels for specific chemicals. According to the California Environmental Protection Agency, "Proposition 65 has... increased public awareness about the adverse effects of exposures to listed chemicals.... provided an incentive for manufacturers to remove listed chemicals from their products.... Although Proposition 65 has benefited Californians, it has come at a cost for companies doing business in the state."