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California's PROP 65 Requirements?

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Marcellakates
Posts: 6
Joined: Wed Feb 21, 2018 9:07 am

California's PROP 65 Requirements?

Post by Marcellakates » Tue May 22, 2018 10:39 am

What information do others have about the California PROP 65 requirements? I am being bombarded with customer requests for certification that the plastic parts they get from us do not need to be labeled as safe. There is a list of some 900 chemicals that the state, in all of its wisdom, has deemed harmful requiring labeling it unsafe. I just received one on polystyrene because styrene is listed. I found online an article stating that polystyrene is considered safe. We process probably 60 different resins including a lot of polycarbonate which was recently under considerable investigation. I was hoping there might exist a list or statement covering a broad list of resin types considered outside PROP 65.
Any assistance would be greatly appreciated. I'm sure other California molders are going thru the same thing.

Thanks,
Vern Meurer
Contech Plastics
vmeurer@contechplastics.com

Marcellakates
Posts: 6
Joined: Wed Feb 21, 2018 9:07 am

Re: California's PROP 65 Requirements?

Post by Marcellakates » Tue May 22, 2018 10:41 am

Hi Vern,

Over the last 3 years, we have certainly had our fair share of these kinds of requests and in the beginning, they did nothing but take up time and resources. The first thing we realized was that most of the requests were similar with the same questions being posed in either different ways or for different materials based on what we ran for the customer. These letters basically asked for us to ensure that all material we processed were either safe or not on the list of Prop 65.

We had to go to our vendors to have them supply documentation saying that the materials they used were either deemed safe (at or below minimal amounts as stated in Prop65) or not used at all (this pertained mainly to different forms of colorants and the carrier being used). To be honest, at first this was a headache as the vendors were not especially eager to create such documents and it took time and a lot of pressuring for them to answer our requests. But what we soon found out was that on the SDS sheets for resin or colorant vendors are now including notes as to whether the material listed is in compliance with Prop65. It will be located in section 15, so I would recommend locating the SDS’s (most recently updated) for the resins or material you have concerns about and see if they have any documentation on Prop65 compliance in section 15.

Also, you are correct that polystyrene is considered safe but only if it is below a certain level (not sure what that level is but I can certainly get it for you later this week if needed). Again, the SDS from your vendor should have it mentioned in Section 15 of the most up to date SDS. IF it is not, I would just ask them to verify with documentation that it is within Prop65 compliance. That is all you have to provide to the customer.

Hope that helps. Let me know if you have any other questions. We can provide examples if needed.

Thank you,

Christopher W. Gedwed
Chief Operating Officer
CSI™- Cosmetic Specialties International, LLC.
550 E. Third Street
Oxnard, CA 93030
W: 805.487.6698 ex 128
F: 805.487.1967
cgedwed@csillc.com

colors2245
Posts: 1
Joined: Tue Jun 05, 2018 2:42 pm

Re: California's PROP 65 Requirements?

Post by colors2245 » Tue Jun 05, 2018 2:43 pm

Hi Vern,

We also have been inundated with Proposition 65 requests these past few months. On August 30, 2016, the Office of Environmental Health Hazard Assessment adopted new regulations for the provision of clear and reasonable warnings. These go into effect August 30, 2018, so I’m certain this is driving all the recent requests.

The regulations apply to any company with ten or more employees that operates within the state or sells products in California. A “clear and reasonable warning” must be provided before knowingly and intentionally exposing anyone to a listed chemical in an amount that exceeds established standards in the Proposition 65 regulations.

Consumer goods sold within the state must provide a “clear and reasonable warning” if any of the chemicals used are listed by the state as carcinogens or reproductive toxins. Presently, one of three warning statements is used:

• For a carcinogen in the product: WARNING: This product contains a chemical known to the State of California to cause cancer.
• For a reproductive toxin in the product: WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
• For both a carcinogen and reproductive toxin in the product: WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm.

Effective August 30, 2018, warnings must be provided prior to a consumer’s purchase of the product rather than prior to exposure. New warning statements now must include the name of the chemical that is either a carcinogen, reproductive toxin, or both. In addition to these new statements, they must be preceded by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline in a size no smaller than the word “WARNING.” Where the sign, label or shelf tag for the product is not printed using the color yellow, the symbol may be printed in black and white. For more information on the warnings now required go to the following website:

https://www.p65warnings.ca.gov/

From our perspective, almost every colorant that we manufacture contains either carbon black or titanium dioxide pigments. Both of these chemicals are listed under Proposition 65 as causing cancer. However, carbon black and titanium dioxide have qualifying statements indicating particles must be airborne, unbound particles of respirable size. Please note that all three listing qualifiers (airborne, unbound (not bound within a matrix), and respirable size (10 micrometers or less in diameter)) must be met for these pigment to be considered a Proposition 65 substance. Color concentrates and liquid colors fully encapsulate the carbon black and titanium dioxide within a solid or liquid matrix and do not expose workers to respirable dust. Warning statements for the carbon black and titanium dioxide are not required as they do not satisfy the listing qualifiers.

One important thing to remember and understand is that Proposition 65 does not restrict the sale of products that contain listed chemicals in amounts that might exceed the standards or even in amounts that might cause harm. Rather, the law places an obligation on companies to provide “clear and reasonable” warnings if they choose to sell such products into California.

More information regarding Proposition 65 warnings is available at the following link: https://oehha.ca.gov/proposition65/crnr ... e-warnings..

Please feel free to contact me if you should have additional questions.

Thank you,


Patrick Martin
Technical Director
Colors For Plastics, Inc.
2245 Pratt Blvd.
Elk Grove Village, IL 60007
Ph: 847-437-0033 x 6084
Fax: 847-806-0787
PMartin@colorsforplastics.com

Troyonix29
Posts: 29
Joined: Mon Feb 26, 2018 10:09 am

Re: California's PROP 65 Requirements?

Post by Troyonix29 » Wed Aug 22, 2018 10:36 am

Dear members:

Due to the request for detailed information on Prop 65 requirements, we will be hosting a webinar on August 29th.

To register, use this link:

https://www.mappinc.com/events/webinar- ... h-prop-65/

Troy

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