California Prop 65
PLEASE READ THIS INFORMATION CAREFULLY
California residents are generally familiar with California Proposition 65 warnings because they see them so frequently. Citizens of other states who purchase goods made or sold by companies doing business in California also encounter these notices and may find them confusing or troubling. We offer the following to provide some clarity to them and hope all our customers will find it informative and beneficial.
Proposition 65 ("The Safe Drinking Water and Toxic Enforcement Act of 1986") became California state law by direct voter initiative in 1986, carrying a 63%-37% margin. Its goals are to protect drinking water sources from toxic substances that cause cancer, birth defects and other reproductive harm and also to minimize or eliminate exposure of any type to those chemicals by requiring advance warnings of their presence.
Two requirements of Proposition 65 are:
Each year, California's Governor must publish a list of substances determined by the state to cause cancer, birth defects and other reproductive harm. More than 850 chemicals are currently listed.
Any entity doing business in California and/or selling products to California residents must provide buyers of products containing any listed chemical with a "reasonable warning" against risk of exposure to those substances.
California Proposition 65 Warning:
In accordance with Section 1.(b) of California Proposition 65, please be advised of the following:
WARNING: This product or products may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
Similar warnings must be posted at locations where listed substances or products containing them are sold, used or stored--including but not limited to--hardware suppliers, grocery stores, drug stores, medical facilities, government agencies, retail stores and parking garages.
A warning of this type is also required for such commonly used products these: goods made of or containing leather, vinyl, foam, plastics and other synthetics; glassware, ceramics and tableware; batteries and/or products containing batteries; beauty and personal hygiene products (including first-aid kits and lotions); medicines, alcohol and even fish.
MORE ABOUT PROPOSITION 65
Proposition 65 is unique in several ways:
Unlike California regulatory statute AB 1108 or federal regulations imposed by the US Consumer Product Safety Improvement Act of 2008 (CSPSIA), Proposition 65 does not restrict or regulate sale of goods containing listed chemicals. Nor does it apply only to products used by children or to care for children. Proposition 65 warnings must be provided to California residents of every age. While this law does specify maximum permitted "safe harbor" limits for listed substances, there are no corresponding minimum amounts. Any detectable amount of a listed substance requires sellers to warn consumers against a risk of possible exposure. Proposition 65 lists only four of six phthalates regulated by AB 1108 and CPSIA (DEHP, DBP, BBP and DIDP). One additional phthalate (DnHP) not regulated by CPSIA or California AB 1108 is listed under Proposition 65:
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Consumer Product Safety Improvement Act (CPSIA)
The Consumer Product Safety Improvement Act (CPSIA) was enacted on August 14, 2008. This law prompted new testing procedures and requirements for children's toys and child care articles. The new CPSIA uses the standard ASTM F963 as a determining basis for the definition of a "children's toy" or "child care article". The purpose of the CPSIA law is to ensure that children are not exposed to lead and certain phthalates while playing, sleeping or eating. Currently sporting goods, camping goods, playground equipment, and athletic equipment are excluded from the CPSIA and are not considered children's toys unless such products are toy versions.
Phthalates--a family of chemicals that make plastics soft and pliable--are commonly used in the manufacture of PVC vinyl material. A wide spectrum of products are fabricated from PVC vinyl including furniture, shoes, purses, toys, bags, baby bibs, sporting equipment and hand tools.
Both federal (CPSIA) and California (AB1108) law limit the amount of certain phthalates that can be used in children’s toys and child care items.
A children’s toy is a product designed or intended by the manufacturer to be used by children when they play. A child-care article is defined as a product designed or intended by the manufacturer to facilitate sleep, relaxation or the feeding of children, or to help children with sucking or teething.
Toys used by children younger than 3 years old or that may possibly be placed in a child’s mouth--as well as all child-care items--must not contain phthalates known as BBP, DBP, DEHP, DnOP, DINP or DIDP in concentrations greater than 0.1%.
Resilite Sports Products, Inc., a leading athletic mat and protective padding manufacturer, designs and produces athletic training products for a variety of ages. Resilite's products are designed as commercial, gym-quality products and are not toys or toy versions of athletic equipment, nor are they sold for use during unsupervised play by children.
Although our products are not designed as toys, we realize they may be used by a variety of ages and skill levels. Resilite's 18oz. vinyl fabric used in a variety of products is formulated to meet the requirements of the Consumer Product Safety Act of 2008, Sections 101 and 108.
The vinyl used in these products do not contain lead compounds, nor do they contain any of the six phthalate compounds listed in the Act (BBP, DBP, DEHP, DnOP, DINP or DIDP) in excess of 0.1%.
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For more information about Proposition 65 and its current complete substance list,
please contact OEHHA's Proposition 65 program at (916) 445-6900, or visit http://www.oehha.ca.gov/prop65.html