Wednesday, January 16, 2008

Prop 65 - What is it and how does it affect you?

fornia Proposition 65…What is it and how does it affect you?

The State of California has a law called Prop 65 that requires a warning on certain products that are distributed in California. These items require a warning label that states that the product contains a chemical known to the State of California to cause cancer, birth defects or other reproductive harm. So, what does all of that mean and what does it mean for the promotional products buyer?

The State of California has issued a list of chemicals which they have determined to be causes of cancer, birth defects or reproductive harm. Any product that may contain these chemicals is required, by law to bear the warning. The complete list of chemicals can be found on their website www.oehha.ca.gov/prop65.html. The warning is required if the level of chemical exposure is over the “No Significant Risk Level” (NSRL). The NSRL level is if a person is exposed to the chemical at that level for 70 years that the person would have no more than a 1 in 1,000 chance of developing cancer as a result of the exposure.

The warning is also required if the if the person is exposed to the chemical at more than 1/1,000 of the “No Observable Effect Level” (NOEL). The NOEL is the level determined by California to pose no reproductive harm to humans or lab animals. However, it is important to note that only a small number of the chemicals on the list have NSRL or NOEL levels.

It is important to find out how this will affect your promotional products purchasing if you are shipping items into the State of California. Your promotional products distributor should be able to find out if the Prop 65 requirements are being met by the supplier that you are purchasing promotional products from. All products are subject to the guidelines from mugs to coolers, it is important to make sure that your products are in compliance. Most promotional products vendors are in compliance at this point and some may charge an additional fee for the labeling process to ship items into California.

If you have any concerns the State of California recommends that you seek legal advice on how Prop 65 affects you.

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