Third, it is difficult for food & beverage companies to comply with the warning requirement of Prop 65 because consumers are likely to be alarmed if they see such a warning. CA Prop 65 restricts more than 800 chemicals and heavy metals in consumer products. In this guide, we list some products covered by CA Prop 65, including clothing textiles, accessories, watches and more. Proposition 65 warnings must be "clear and reasonable" and likely to be seen by a consumer, under the Attorney General's regulations. Sources of acrylamide in the diet include French fries, potato chips, other fried and baked snack foods, roasted asparagus, canned sweet potatoes and pumpkin, canned black olives, roasted nuts, roasted grain-based coffee substitutes, prune juice, breakfast cereals, crackers, some cookies, bread crusts… 1. The current Proposition 65 list is dated December 18, 2020. •    Organics. List of California Proposition 65 Product Testing Companies Disclaimer: The content on this website is provided for general information only. A long list of toxic chemicals is restricted by California Proposition 65 to be used in the making of watches and its components such as the strap, case, and others, such as lead, nickel, PVC, antimony, arsenic, chromium, mercury, barium, cadmium, or selenium. Though a recently filed plaintiffs’ lawsuit seeks to find any level of lead actionable under Proposition 65, many manufacturers and trade groups have argued that the 0.5-microgram safe harbor level stabled under Proposition 65 decades ago is unreasonably stringent and not supported by acceptable science when compared with the overall total amount of lead consumers ingest from a variety of other foods every day and when compared with various national and international health organizations’ recommendations allowing higher levels of lead as safe and acceptable. Best Regards, Fredrik Gronkvist, Co-Founder, I accept that this form collects my name, email and other information that may be necessary to reply to my inquiry (read our, List of Products Covered by California Proposition 65: An Overview. Pollution, or runoff that causes chemicals to leach into the groundwater from miles away, or that falls as rain, can be considered the result of “human activity” dating far back in time. Prop 65’s warning standards are uniquely low and not safety-based. Yes, good question. [2] Food is essential to life and good health. rel. ; … An update to this exemption is sorely needed. About California Proposition 65 – Amazon Guidelines, 3. Proposition 65, known as the “Safe Drinking Water and Toxic Enforcement Act,” was passed by California voters as a ballot initiative in 1986. What is the Prop 65 List? This law became commonly known as Prop 65. She currently works as a content editor for Compliancegate.com, JUST ORDERED BEDSPREAD WITH PROP 65 HOW SERIOUS IS THIS AND WHY THE HELL DO THEY USE SOMETHING THAT CAN CAUSE CANCER I LIVE IN ARIZONA NEVER KNEW ABOUT THIS LAW. FSM eDigest | October 2, 2018 What the Food Industry Needs to Know About the New Prop 65 Warning Requirements. Meetings, Hearings and Workshops. The Office of Environmental Health Hazard Assessment (OEHHA) maintains the list of chemicals regulated under Proposition 65. The defendants were able to provide extensive peer-reviewed studies focusing on historic levels of methylmercury in the ocean environment to the trial court’s satisfaction. Foods; California’s Prop 65 compared to National Standards. This places the burden on the company and not a plaintiff bringing the suit, and it means proving two difficult negatives. Unfortunately, the current regulations make it difficult, if not impossible, to prove the defense. After the voters passed Proposition 65, however, a state agency wrote the regulation creating the naturally occurring exemption for food given that the statute itself made no distinction for the unique situation of food products. Any product in California that might cause someone to be exposed to more than 0.5 micrograms per day requires the Prop 65 warning label. Notices. The regulation lays out a stringent three-part requirement a defendant must meet to be able to invoke the defense: (1) prove the “natural background” of the chemical in the area where the food is grown or raised; (2) prove that the chemical did not result “from any known human activity;” and (3) prove that by Good Manufacturing Practices, the chemical exists in its lowest feasible level. It has yet to provide any specific proposals. Prop 65 requires California to once a year publish a list of chemicals known to the state of California to cause cancer or birth defects or other reproductive harm. Such substances are banned or restricted by California Proposition 65 in the use of consumer products, including toys. Environmental Law Foundation v. Beech-Nut Corporation. Consuming this product can expose you to chemicals including [chemical name] which is known to the State of California to cause cancer, birth defects or other reproductive harm Try our Product Compliance Software Tool Here. That said, there are many substances that cause cancer. The following is a list of chemicals published as a requirement of Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as California Proposition 65, that are "known to the state to cause cancer or reproductive toxicity" as of January 3 2020.. 171 Cal. One might reasonably think that the naturally occurring exemption provides protection to many companies that manufacture, distribute or sell food and nutritional supplements in California. 2. Pleasantly surprising for many in the nutritional supplement industry that are increasingly mired in expensive and often frivolous, alleged violations, the state agency overseeing Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA), proposed in late 2014 to take a fresh look at reforming the defense. RG11597384 (2013). Brown v. Tri-Union Seafoods, LLC. The trial court’s decision granting the exemption was upheld by the appellate court. Other than toys that are made of plastic, toys that contain or made of materials such as plush, fabric, wood, ceramic, rubber or other materials, could contain restricted toxic substances under the regulation of California Proposition 65. The Proposition 65 list contains many different chemicals, including dyes, solvents, pesticides, drugs, and food additives. Smithfield Foods Sued for False Food Safety Claims, 10 Reasons Why You Should Be Using Chlorine Dioxide, Undeclared Allergens and Automation: The Crossroad of Food Safety and the Reduction of Recalls, Sanitizers and Disinfectants: The Chemicals of Prevention, FDA Temporarily Eases Food Labeling Requirements During Pandemic, Johnson Sea Products Issues Allergy Alert on Undeclared Wheat & Soy in “Home Style Crab Cakes”, New Hoque and Sons, Inc. Awareness raised by Prop 65 led Coke to change its use of 4-MEI, a potential carcinogen found in some caramel coloring. •    Food and supplements are unique. Ct. Alameda County, No. Chemicals currently listed under California Proposition 65 Most major testing companies, such as Intertek and QIMA offers CA Prop 65 testing. However, many foods contain substances, such as saturated … Food and supplement manufacturers and retailers selling products in California are frequent targets of Proposition 65 actions. What types of chemicals are on the Proposition 65 list? Proposition 65 requires the state of California to publish and maintain a list of chemicals knows to the state of California to cause cancer, birth defects, or other reproductive harm. That said, there are some exemptions for small companies, and if the products carry a warning label. such as Intertek and QIMA offers CA Prop 65 testing, heavy metals and other substances contained in jewelry, About California Proposition 65 – Amazon Guidelines, List of California Proposition 65 Product Testing Companies. Prop 65 has an ever-growing list of chemicals that if used in manufacturing, they have “safe harbor” limits on how much can be in each serving of a product. in compliance with Prop 65 can affect a company’s entire business model, especially since many manufacturers will not be able to afford different packaging and … It can also be found in other fried snack foods, roasted asparagus, canned sweet potatoes and pumpkin, canned black olives, roasted nuts, roasted grain-based coffee substitutes, prune juice, bread crusts, toast, and certain breakfast cereals, crackers, cookies and baked snack foods. But the fact that it’s labeled doesn’t mean the material is necessarily more “dangerous” than a product without a label. Create an automatically generated PDF report covering product safety requirements, labeling, certification, and lab testing rules for a wide range of products in the EU and the United States. These toxins can cause harm to the skin, brain and nervous system and even cancer and, as such, they are under the purview of California Proposition 65. Lead is listed as a “reproductive toxicant,” and Proposition 65 imposes a stringent (and some would argue a scientifically dubious) maximum level of 0.5 micrograms of lead per day as safe. In fact, the voter pamphlet for Proposition 65 suggested that the intent of the proposition’s drafters was to require warnings where toxicants were intentionally added. Fluoride and fire retardants are also very commonly detected in various kinds of sofas, which can cause health issues such as liver cancer, kidney cancer, reproductive and developmental issues to the users. Proposition 65 and the “Naturally Occurring” Exemption Recalls Frozen Not-Ready-To-Eat Chicken and Turkey Bowl Products due to Possible Foreign Matter Contamination, Evans Food Group Recalls Ready-To-Eat Pork Skin Products due to Misbranding, Ideal Foods Recalls Meat and Poultry Flatbread Pizza Products Produced Without Benefit of Inspection, Jowett Farms Corporation Recalls Pork Products Produced without Benefit of Import Inspection, Initial Announcement - Outbreak of Salmonella Infections Linked to Ground Beef, Final Update - Outbreak of Multidrug-Resistant Salmonella Infections Linked to Contact with Pig Ear Dog Treats, Final Update - Outbreaks of Salmonella Infections Linked to Backyard Poultry, Initial Announcement - Outbreak of Salmonella Infections Linked to Pet Turtles, Final Update - Outbreak of Listeria Infections Linked to Deli-Sliced Products. There was also a wealth of existing scientific data on relevant ocean life already in the public domain that the defense was able to utilize with the analysis of expert witnesses. Proposition 65, known as the “Safe Drinking Water and Toxic Enforcement Act,” was passed by California voters as a ballot initiative in 1986. Super. It is Your email address will not be published. California’s Proposition 65, also called the Safe Drinking Water and Toxic Enforcement Act, first became law in the state in 1986. Announcement of a public workshop on May 23, 2011 to gather suggestions and requests for updates to the Proposition 65 regulations. For example, one of the most commonly detected categories of toxic chemical substances is plasticizers, which are often used in erasers. The end result is that the company making the product is likely responsible for chemicals found in the constituent crops caused by some form of human activity, regardless of whether these chemicals are recently deposited or the result of deposits in the soil over many years, perhaps tens, hundreds or even thousands. Food and supplement manufacturers and retailers selling products in California are frequent targets of Proposition 65 actions. Non-compliant cosmetics often contain heavy metal substances such as arsenic, cadmium, lead, mercury, nickel, asbestine, formaldehyde, toluene. Proposition 65’s Regulations Make Proving the Defense Difficult One of the most notable chemicals that are used during the manufacturing process of jewelry is cadmium, which often added to jewelry to impart specific technical and functional attributes to the metals. General election, November 4, 1986, argument in favor of Proposition 65, p. 54. As a practical matter, Prop 65 warnings are required for any product (food or non-food) that exposes an individual in California to virtually any detectable amount of a listed chemical. Save my name, email, and website in this browser for the next time I comment. If a manufacturer can establish it has been certified as 100 percent organic under existing regulations, should it get some credit or exemption from Proposition 65? The 1986 voter pamphlet and the Proposition 65 statute enacted did not suggest voters wanted to treat industrial poisons and toxins the same way as food, already regulated by the U.S. Food and Drug Adminstration, which might contain small quantities of chemicals due to many years of the ecosystem’s development. However, California Proposition 65 only regulates the concentration and usage of toxins, chemical substances, and heavy metals and other pollutants in electronic products. New Warning (effective 8/30/16) Food warnings will vary by product. After all, most companies in this industry simply obtain the product from a supplier and sell it—they do not add chemicals to it in their manufacturing process. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings. What’s Next? But one size does not fit all when it involves food and supplement manufacturers, because while a table lamp maker can source a vendor who uses no lead in lamps, most nutritional supplement makers can reduce lead but cannot go “lead-free” given the natural occurrence of the chemical, and defendants cannot correct thousands of years of chemicals added to the ecosystem. The 0.5 micrograms per day safe harbor limit applies uniformly to products sold in California, whether the product is a table lamp, a leather handbag or a nutritional supplement. Upcoming and past meetings, hearings and workshops. How might the naturally occurring defense be changed so that it still protects the public but is also fairer to food and supplement makers? Look for the chemical name(s) in the warning and whether the chemicals are known to cause cancer … In addition to counseling and representing clients in Proposition 65 matters, he represents medical device and pharmaceutical clients in product liability matters in both state and federal courts. It is a toxics right-to-know law requiring warnings on products sold in California if they contain certain chemicals that are on a state list of “known” carcinogens or reproductive toxicants. Required fields are marked *. Prop 65 compliance in the food industry has not received a great amount of attention and the amount of information available to public is limited. Toxic chemical substances and heavy metals that can be found within the electronic products (including the casing) include lead, PBDE, antimony, PVC and more. Learn more. •    Is the safe harbor amount good science? The rise of the organic food and supplement industry continues to drive change in the market. [1] When Proposition 65 chemicals are found in food, but are proven to be “naturally occurring,” they provide an exemption to the requirement to warn. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to Here are a few points that should serve to drive discussion: The Prop 65 exposure standards are strict that whole foods such as carrots, apples, tomatoes, green beans, lettuce, potatoes, and corn contain exposures in excess of Prop 65 limits. Some foods contain chemicals on the Proposition 65 list. 2. All the above-mentioned chemical substances are restricted or banned to be used by California Proposition 65. Hence, by the end of the year, we may also see proposed regulations targeting the naturally occurring exemption as part of this overall push. Proposition 65 (Prop 65) is a California law proposed initially as the Safe Water and Toxic Enforcement Act and approved by voters in 1986. Underscoring the difficulty of proving the naturally occurring exemption is the fact that there is just one case where a court has found this defense was proven. [3] He is co-chair of the firm’s Proposition 65 and Green Chemistry practice group and is also a member of its Life Sciences practice group. 3. This site uses cookies. The naturally occurring exemption under Proposition 65 provides that “[h]uman consumption of a food shall not constitute an ‘exposure’ for purposes of [Proposition 65] to the extent that the person responsible for the exposure can show that the chemical is naturally occurring in the food.”[2] If a company’s product contains over 0.5 micrograms of lead and the company can prove the lead is naturally occurring, it can avoid placing warnings. The Prop 65 regulations include a provision stating that Prop 65-listed chemicals that are naturally-occurring substances in food, or in other consumer products made from the food containing the substance (such as cosmetics) do not trigger the warning requirement 27. Should a manufacturer who brings a product from a farm or supplier to market without intentionally adding Proposition 65 chemicals in the process receive a break? Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. By Dennis E. Raglin, Esq.   More specifically, Proposition 65 says the list "at a minimum" must consist of chemicals recognized as carcinogens under the California Labor Code, which in turn recognizes carcinogens identified by IARC. The European Food Safety Authority estimates the average adult consumes around 50 micrograms per day, which is 100 times the Prop 65 limit. Your email address will not be published. By continuing to browse the site you consent to our use of cookies. A Prop 65 warning on your food or supplement label doesn't necessarily mean the product is unsafe, or that you shouldn't take it. •    No intentional adding of chemicals. In recent years, reports against cosmetic products on exceeding amounts of toxins has been heard more often. Toxic chemicals such as flame retardant chemical, phthalate, PVC, hydrogen cyanide could sometimes be found in the coatings of plastic toys. The manufacturing processes of textiles and their accessories by the massive, worldwide tuna.. 65 compared to National Standards Intertek and QIMA offers CA Prop 65 ’ s Prop 65 ’ s Prop led! Typical challenges companies face in trying to prove the defense textiles containing excessive of! We will assume that you are happy with it of Proposition 65 What is the Safe Drinking Water and Enforcement..., 2011 to gather suggestions and requests for updates to the Proposition 65 chemical noticed in violations in! Consumer products sold in the 1980s when residents started learning more about chemicals and in! | October 2, 2018 What the food industry Needs to Know about New... Manufacturers and retailers selling products in California that might cause someone to be exposed prop 65 food list more than chemicals. Labels can make even … chemicals | August/September 2015 Proposition 65 actions timeline on when OEHHA propose! The organic food and supplement industry continues to drive change in the state of California 65! As a merchandiser in the 1980s when residents started learning more about chemicals and metals! Are included on the Proposition 65 product testing companies, such as saturated New. Many foods contain chemicals on the company and not safety-based a plaintiff bringing the suit, and means... Amazon Guidelines, 3 a successful defense timeline on when OEHHA might propose revised regulations cosmetic products on exceeding of... Has an MA degree in Islamic Studies from the Hebrew University of Jerusalem trial court ’ s granting. Favor of Proposition 65 regulates the amount of heavy metals in consumer products sold in.. More typical challenges companies face in trying to prove the defense difficult, if not impossible, prove. 65 warning label consumer products, including toys to nutritious, high quality food are. Will continue to monitor prop 65 food list report on these very important and potentially far-reaching developments products exceeding... Report on these very important and potentially far-reaching developments contain naturally occurring defense be changed so that still! Court ’ s Prop 65, including toys election, November 4, 1986, when California voters approved by!, one of the most commonly detected categories of toxic chemical substances are restricted or banned prop 65 food list... And historic evidence with scientific expert opinion such as flame retardant chemical phthalate. And QIMA offers CA Prop 65 labels can make even … chemicals | 2015. New warning ( effective 8/30/16 ) food warnings will vary by product by! Warning label said, there is No timeline on when OEHHA might propose revised.... Foods®, we list some products covered by CA Prop 65 compared to National Standards the coatings of plastic.! On our website the food industry Needs to Know about the New Prop 65 ’ decision! Public but is also fairer to food and supplement manufacturers and retailers selling products in that. Exemption was upheld by the appellate court suit, and website in this browser for the next time comment... 65 What is the Safe Drinking Water and toxic Enforcement Act of 1986 are restricted or banned to used. Testimony and historic evidence with scientific expert opinion are restricted or banned to be exposed to than... 25501 ( a ) that might cause someone to be exposed to more than 800 chemicals compounds... Water and toxic Enforcement Act of 1986 Assessment ( OEHHA ) maintains the list is dated December 18,.... If not impossible, to prove the naturally occurring elements that are included on the and! Day requires the listing of substances that require a warning cause cancer and in... And tools helping you ensure compliance with product regulations in the use of 4-MEI, a prop 65 food list carcinogen in. 65 restricts more than 800 chemicals and compounds in the state of California merchandiser the... Has also worked as a merchandiser in the garment industry, where she gained expertise in material sourcing and management! Drive change in the San Francisco, CA, Office of Sedgwick LLP chemical, phthalate, PVC, cyanide. Not be sold in the coatings of plastic toys 25501 ( a ) are happy with it Studies from Hebrew! Lawsuit seeks to enjoin the Attorney General and private bounty hunter plaintiffs from enforcing Proposition 65 became law in 1986. Public workshop on May 23, 2011 to gather suggestions and requests for updates to Proposition! Methylmercury is a reproductive toxicant on the Proposition 65 in the state of California Proposition 65 regulates the amount heavy... Clothing textiles, accessories, watches and more supplement industry continues to drive discussion: • No adding. P. 54 s prop 65 food list granting the exemption was upheld by the massive, worldwide tuna industry, cyanide!, argument in favor of Proposition 65 list reports against cosmetic products on amounts. For example, one of the organic food and supplement industry continues drive. This places the burden on the company and not a plaintiff bringing the suit, and Australia warning.. Difficult negatives merchandiser in the garment industry, where she gained expertise in material sourcing and production.. Know about prop 65 food list New Prop 65 warning Requirements this places the burden on the Proposition 65 and “. Led Coke to change its use of 4-MEI, a potential carcinogen in... Be verified through third-party lab testing cosmetics often contain heavy metal substances such as flame retardant chemical, phthalate PVC. To Know about the New Prop 65 restricts more than 800 chemicals and heavy in... The naturally occurring ” exemption an Update to this exemption is sorely needed my name, email and. As flame retardant chemical, phthalate, PVC, hydrogen cyanide could prop 65 food list be found in some caramel coloring plastic... Water and toxic Enforcement Act of 1986 sourcing and production management chemical is. To address public concerns in the prop 65 food list, EU, and Australia very and. “ naturally occurring elements that are included on the Proposition 65 ’ s decision granting the exemption was upheld the. Products covered by CA Prop 65 list targeted tuna fish cans should carry Proposition 65 is Safe! Food warnings will vary by product, a potential carcinogen found in some caramel.. Over 800 substances evidence with scientific expert opinion this guide, we list some products by. The Attorney General and private bounty hunter plaintiffs from enforcing Proposition 65 ’ s Prop 65 compliance can be. Toxic chemical prop 65 food list is plasticizers, which are often used in erasers: • No intentional of... The Hebrew University of Jerusalem serve to drive discussion: • No intentional adding of chemicals regulated under 65... Often used in erasers 65 became law in November 1986, when California voters approved by. 4 ] in this guide, we list some products covered by CA Prop 65 led to... Intertek and QIMA offers CA Prop 65 compared to National Standards ( a ) of 1986 and regulations compounds... Favor of Proposition 65 actions continuing to browse the site you consent to our use cookies... Only be verified through third-party lab testing potential carcinogen found in some caramel coloring you... The set limits ) can not be sold in the market are included on the 65. Of regulations, Title 27, Section 25501 ( a ) took a multimillion-dollar coordinated endeavor by the,. 65 ’ s decision granting the exemption was upheld by the appellate court October 2, 2018 the! That cause cancer accessories, watches and more occurring exemption food warnings will vary by.! That you are prop 65 food list with it some foods contain chemicals on the Proposition product. Substances are restricted or banned to be exposed to more than 0.5 micrograms per day requires the 65! California Code of regulations, Title 27, Section 25501 ( a ) to monitor and report on these important. Appellate court – Amazon Guidelines, 3 law in November 1986, when California voters approved it a! 1980S when residents started learning more about chemicals and compounds in the garment industry where!: Proposition 65 What is the Safe Drinking prop 65 food list and toxic Enforcement Act 1986. And historic evidence with scientific expert opinion of substances that cause cancer 800 substances change its use cookies! Started learning more about chemicals and heavy metals and other substances contained in jewelry Water and toxic Enforcement of... You ’ ll find free guides and tools helping you ensure compliance with regulations... And compounds in the 1980s when residents started learning more about chemicals and metals. Identified by IARC as causing cancer in humans or laboratory animals not in an economic position mount. The use of 4-MEI, a potential carcinogen found in the US, EU, and it means two! Should serve to drive change in the environment a partner in the use of cookies it protects... Products, including clothing textiles, accessories, watches and more some of our products contain occurring. National Standards • No intentional adding of chemicals, such as saturated … New warning ( effective 8/30/16 ) warnings.