California Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65)

Status: 
Passed
Type: 
Law

California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, states that the State of California must maintain a list of toxic materials that can cause cancer, birth defects, or cause reproductive harm. Companies selling products in California containing one of these chemicals must place the Prop 65 warning on the product’s label that the product contains one of the Prop 65 chemicals. The California Environmental Protection Agency (Cal/EPA) administers the program and has created standards that determine the thresholds for when a chemical becomes listed or must be on a warning label. For making these determinations, Cal/EPA evaluates all available and current scientific information on chemicals. Enforcement of Prop 65 rests with the State and local jurisdictions, but consumers also have a regulatory right to sue a company in violation of the law.