California Proposition 65
California’s Proposition 65 lists over 900 chemicals and substances that may be found or associated with the use of many consumer products. Proposition 65 requirements remain some of the most stringent regulations enforced worldwide.
What is Prop. 65?
Prop. 65 is a California legislative action otherwise known as “The Safe Drinking Water and Toxic Enforcement Act of 1986.” The purpose of Prop 65 is to inform Californians of potential exposure to chemicals that the state has determined cause cancer, birth defects, and/or other reproductive damage. These harmful chemicals may be found in the workplace, emitted into the environment, or contained in consumers’ products purchased for the home. Prop 65 enables Californians to make informed decisions about their exposure to these harmful chemicals by requiring businesses to provide “clear and reasonable warnings” if there is any possibility that the products they sell in California contain any of these chemicals.
What warnings are required by Prop. 65?
In 2018, new Prop. 65 regulations went into effect that specify the warnings that must be provided for products that contain measurable amounts of any of the approximate 900 chemicals identified in the legislation. Under the amendments, manufacturers must test for any of the listed chemicals to confirm that none are present or, if there is a possibility that the products contain any of the chemicals they must place the appropriate warnings on the packaging of such products as well as on any website advertising the items for sale in California. Under this new amendment, all products sold in California may now require a Prop. 65 warning, even if a warning was not previously required.
What is the California Prop. 65 warning notice?
Prop. 65 requires the warning label below to appear verbatim on packaging of products sold in California if they contain any chemicals on the Prop. 65 hazardous substances list:
What types of chemicals are on the Prop. 65 hazardous materials list?
Prop. 65 requires California to annually publish a list of chemicals known to cause cancer, birth defects, and/or other reproductive harm. The current list identifies a wide range of synthetic and naturally occurring chemicals, that include additives or ingredients in pesticides, common household products, food, drugs, dyes, and solvents. Listed chemicals may also be used in construction and manufacturing, or they may be by-products of chemical processes, such as motor vehicle exhaust. To learn more about how California selects chemicals to include in the Prop. 65 list, visit their website: https://www.p65warnings.ca.gov
What chemical(s) in Gator Waders products does this warning apply to?
All Gator Waders products are made from safe materials. However, because the Prop. 65 chemicals list is extensive and there are a wide range of chemicals that may be used throughout the manufacturing processes, our products may contain a trace amount of any of the Prop. 65 chemicals.
Do Gator Waders products comply with federal product safety laws?
Yes. Gator Waders products are in full compliance with all federal laws for product safety. Prop 65 requirements are among the most strict regulations worldwide and expand on US federal safety and exposure guidelines.
Where can I get more information on Prop. 65?
For information on Prop. 65, please visit: www.p65warnings.ca.gov. What does the warning on your website/tag mean? Prop. 65 mandates companies doing business in California to post a specific warning on any website selling product into California and on the package of all products sold in California if the product contains or is manufactured at a place that contains one of more of the 900 identified chemicals. The list is comprehensive and includes but natural or synthetic substances. For the complete list of the 900 chemicals, please visit: www.p65warnings.ca.gov.
Is your product safe for me?
The Prop. 65 warning does not necessarily mean a product is in violation of state or federal regulations or product-safety laws. Rather. the warning is to make consumers aware of the possibility that the product may contain a substance that has been identified to cause cancer or reproductive harm in some animals and/or humans. We believe our products are safe when used in the manner intended. Gator Waders takes the safety of its customers very seriously. That is why we perform rigorous quality testing to ensure our products meet the health and safety standards set by Prop. 65..
If your product is safe, why do you have a warning?
Due to the fact that California has identified over 900 potentially harmful chemicals, it is prohibitively expensive to test every individual product for every substance. The logistics of testing are also incredibly complex in nature to prove that the presence of a listed chemical is what California might consider a Maximum Allowable Dose Level (MADL or a No Significant Risk Level (NSRL)). While all of our products meet federal health and safety regulations, we include the Prop. 65 warning to comply with the warning notice mandates and avoid costly litigation.
Do your products contain harmful chemicals?
Prop. 65 requires companies to post the specific warning even for a mere trace of an identified substance in their products. California qualifies a trace amount to mean amounts that are 1,000 times less than what has been scientifically proven not to cause potential harm to humans. Our products are made with similar materials as products you already have in your home like luggage, furniture, Tupperware, and the like made with common materials such as fabric, steel, plastics, and aluminum. Although it is possible these materials may come into contact with one or more of the 900 identified substances throughout the manufacturing process, our rigorous quality testing ensures our products meet all health and safety regulations set by Prop 65.
Do you provide a list of the chemicals in your products?
We usually list the main materials in our products on our website; however, we do not have a list of all substances that may come into contact with the product throughout the manufacturing process. Based on rigorous quality testing, we can assure you that any amounts that may be present are less than the limits prescribed under federal and state regulations.
What level of risk am I assuming if I use your products?
Prop. 65 does not specify the types or likelihood of reproductive harm or cancer for any one of the approximate 900 substances identified. Please visit www.p65warnings.ca.gov for more information. You may also contact the California Office of Environmental Health Hazard Assessment (OEHHA) directly. At Gator Waders we believe the risk is minimal, if at all, when consumers use our products in the manner intended.
Will the chemicals leak/transfer to my packed belongings?
If there are any chemicals present, it would be in trace amounts. This means 1,000 times less than what has been scientifically proven not to cause potential harm to humans. If our products are used in a manner for which they are not intended, the possibility of transfer or leaking is highly unlikely.
What are the acceptable concentrations for Prop. 65 chemicals?
California’s set acceptable concentration level varies by substance. Prop. 65 explains how California determines the acceptable concentration: “For chemicals that are listed as causing cancer, the ‘no significant risk level’ is defined as the level of exposure that would result in not more than one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime. In other words, a person exposed to the chemical at the ‘no significant risk level’ for 70 years would not have more than a ‘one in 100,000’ chance of developing cancer as a result of that exposure.” “For chemicals listed as causing birth defects or reproductive harm, the ‘no observable effect level’ is determined by identifying the level of exposure that has been show to not pose any harm to humans or laboratory animals. Proposition 65 then requires this ‘no observable effect level’ to be divided by 1,000 in order to provide an ample margin of safety.”
How can I reduce my risk?
Use our products in the manner for which they are intended. Do not use them for unintended purposes, such as setting them on fire, placing them in an active microwave, or striking them with forceful blows intending to destruct the product.
I don’t live in California, why am I seeing this?
We distribute our products worldwide and cannot predict which exact packaged product may end up being sold to California. In order to comply with California law, we place Prop. 65 warnings on all of our product packaging.
Why have I seen similar products without a Prop. 65 warning?
At Gator Waders, we take legal obligations and customers safety seriously. We cannot speak for our competitors, but if you see a similar products without Prop. 65 warnings it cannot be assumed it is exempt from Prop. 65. California is the only state that requires the warning and it is expensive to comply. Some companies take that risk. Others do not sell into California so they are not subject to Prop. 65. Additionally, products manufactured or sold prior to the 2018 Prop. 65 changes were subject to different labeling requirements.