California PROP 65 Warning

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CALIFORNIA PROPOSITION 65

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.

This is our Proposition 65 warning for vinyl coated products, neoprene foam products, synthetic suede products, steel products, wood products, products where spray adhesive is used to bond foam inside mats, and blue packing tarp used to package and ship our products. See below for the particular warning that applies to you:

VINYL COATED PRODUCTS
WARNING: This product can expose you to chemicals including Diisononyl phthalate (DINP), which is known to the State of California to cause cancer, and Di-n-butyl phthalate (DBP), which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

NEOPRENE FOAM PRODUCTS
WARNING: This product can expose you to chemicals including Silica, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

SYNTHETIC SUEDE PRODUCTS
WARNING: This product can expose you to chemicals including Diisononyl phthalate (DINP), which is known to the State of California to cause cancer, birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

STEEL PRODUCTS
WARNING: This product can expose you to chemicals including Cadmium, which is known to the State of California to cause cancer, birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

WOOD PRODUCTS
WARNING: This product can expose you to chemicals including Sawdust, which is known to the State of California to cause cancer, and Methanol, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

BLUE PACKING TARP
WARNING: This product can expose you to chemicals including n-Hexane, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

SPRAY ADHESIVES
WARNING: This product can expose you to chemicals including n-Hexane, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

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: 

PHTHALATE REGULATION

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 over the age of 3 but under age 12 that cannot be placed in a child's mouth cannot contain phthalates known as: DEHP, DBP or BBP in concentrations greater than 0.1%.

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 DEHP, DBP, BBP, DINP, DIDP or DnOP in concentrations greater than 0.1%.  

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.

You can find more information about California AB 1108 here: AB 1108