- What is Proposition 65?
In August 2016 the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted amended regulations for the provision of “clear and reasonable” Proposition 65 warnings in Title 27, California Code of Regulations, section 25600, et seq (“Warning”). Consistent with the Act, OEHHA’s new regulations place primary responsibility for providing warnings on product manufacturers, producers, packagers, importers, suppliers or distributors. The information below is a summary of changes to California’s Proposition 65 that become mandatory on August 30, 2018. It is the responsibility of Control Devices, along with all our suppliers and customers, to work together to ensure full compliance with Proposition 65 OHHA regulations.
The new regulations cover all products sold containing the substances published by OEHHA from time to time which are sold in a physical store in California or online to California residents requiring Proposition 65 warnings. A list of the substances which are subject to the regulations can be found at https://oehha.ca.gov/proposition-65/proposition-65-list.
Safe Harbor Warnings
On August 30, 2016, OEHHA approved the adoption of a revised Article 6 of Prop 65. This revision established requirements for providing “clear and reasonable” warnings. On August 1, 2017, OEHHA issued specific guidance regarding the safe-harbor warnings for Prop 65. This guidance can be found at
All products manufactured after August 30, 2018 that could be distributed in California must have the appropriate on-product/packaging Proposition 65 warning, if required. It is every supplier’s responsibility to know whether or not their products require Proposition 65 warnings and to pass on all relevant Proposition 65 warning information to their customers.
An example of the new warning can be viewed in the “How Do the New Warnings Compare to the Current Warnings?” section of California’s OEHHA Prop 65 webpage at https://www.p65warnings.ca.gov/new-proposition-65-warnings.
- How can I comply with Proposition 65 if I am distributing or selling Control Devices products that contain lead or other Prop 65 listed chemicals?
All Control Devices products, except for the all-plastic Kerick line of float valves, can expose consumers to chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Control Devices strives to relay necessary Proposition 65 Warning information to all their customers. It is that customer’s responsibility to relay Proposition 65 consumer information for purchased Control Devices products to any manufacturer, producer, packager, importer, supplier, distributor, or retailer to whom they sell Control Devices products, either as a finished good or as a component of other products, so as to ensure that proper warnings are passed along to retailers and ultimately to consumers.
Any Control Devices product that contains brass or any other lead bearing alloy, if sold to consumers in California, must be labeled with the following warning:
Any Control Devices product that does not contain brass, but contains stainless steel, if sold to consumers in California, must be labeled with the following warning:
If you are unsure what warning should go with a product, or whether a product requires a warning, contact your Control Devices sales representative.