Proposition 65

Proposition 65The Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65, is a California statute related to toxic chemical exposure and overseen by the Office of Environmental Health Hazard Assessment (OEHHA). Specifically, Proposition 65 deals with chemicals known to cause cancer or reproductive harm in humans. Under this law, businesses must notify citizens about significant amounts of these chemicals in products, homes, workplaces, or that are released to the environment. Additionally, California businesses are prohibited from knowingly releasing these chemicals into drinking water sources.

Proposition Reporting

To comply with Proposition 65, all California businesses that expose citizens to a listed chemical are required to provide “clear and reasonable warning”. This requirement can take many forms, depending on the type of exposure. If a listed chemical is present in a consumer product, a clear labeling in the packaging may suffice. Contrary, if a listed chemical is present inside of a building or is airborne, posting signs, distributing notices, or even publishing notices in newspapers in the affected areas may be required.


Like with every law, there are exceptions that must be noted when dealing with Proposition 65. Government agencies and businesses that employ less than 10 people are exempt from both the warning reporting and water discharge prohibitions from Proposition 65. In addition, any businesses that does cause exposure to a listed chemical, but in quantities determined to be of insignificant risk to public health is exempt from the Proposition 65 requirements.

In California, it is very important for businesses to meet the compliance requirements of Proposition 65. It helps to keep the public safe, as well as helping your business avoid significant fines for noncompliance. Davenport Engineering has extensive experience working in Proposition 65 compliance, for a range of industries. Contact us today to learn more or to discuss how Davenport Engineering can meet your Proposition 65 needs.