Law & Regulations

Law

Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The Proposition was intended by its authors to protect California citizens and the State's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. Under the statute, a person in the course of doing business cannot expose an individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving a clear and reasonable warning to an individual.  Proposition 65 requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity.

Several cases have interpreted the application of the Safe Drinking Water and Toxic Enforcement Act:
http://oehha.ca.gov/proposition-65/background/cases-interpreting-proposition-65

The cases are provided by OEHHA for informational purposes only and should not be considered legal advice.

Regulations

OEHHA is the lead agency designated by the Governor to implement Proposition 65 and to further its purposes. In carrying out its duties as the lead agency, OEHHA adopts and modifies regulations to conform with and implement Proposition 65 and to further its purposes.  A .pdf file of all of OEHHA’s regulations can be accessed at:
http://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations
Individual regulations can be accessed through the Office of Administrative Law website:  http://www.oal.ca.gov/