CalProp 65
and TSCA

California Proposition 65 and the Toxic Substances Control Act (TSCA) are two significant pieces of legislation in the United States that address chemical safety and disclosure requirements. These laws aim to protect public health and the environment by regulating the use of certain chemicals, informing consumers about potential exposures, and providing guidelines for managing and controlling toxic substances.

California Proposition 65:

Overview: California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative. The primary objective of Proposition 65 is to inform Californians about exposures to chemicals that may cause cancer, birth defects, or other reproductive harm. The law requires businesses to provide warnings to the public about significant exposures to listed chemicals.

Key Provisions:

1. List of Chemicals: Proposition 65 maintains a list of chemicals known to the state to cause cancer or reproductive toxicity. This list is regularly updated and currently includes over 900 chemicals, ranging from industrial compounds to common household substances.
2. Warning Requirements: Businesses are obligated to provide clear and reasonable warnings if their products or activities may expose consumers to chemicals on the Proposition 65 list. These warnings can be in the form of labels, signs, or other appropriate methods.
3. Enforcement: Private citizens, known as “private enforcers,” can bring lawsuits against businesses for alleged violations of Proposition 65. Penalties for non-compliance can be substantial, motivating businesses to proactively address chemical exposure concerns.
4. Exemptions: Some businesses may be exempt from Proposition 65 requirements if they can demonstrate that exposure levels fall below established “safe harbor” levels or if they can prove that their products or activities do not pose a significant risk.

Toxic Substances Control Act (TSCA):

Overview: The Toxic Substances Control Act of 1976 (TSCA) is a federal law administered by the U.S. Environmental Protection Agency (EPA). TSCA grants the EPA authority to regulate the manufacturing, processing, distribution, use, and disposal of chemicals in order to ensure their safe management.

Key Provisions:

1. Chemical Inventory: TSCA maintains the TSCA Chemical Substance Inventory, a list of chemicals that are actively being manufactured, processed, or imported in the United States. The EPA uses this inventory to track and regulate chemical substances.
2. Pre-Manufacture Notification (PMN): Companies are required to submit a PMN to the EPA before introducing new chemicals into commerce. This allows the EPA to assess potential risks and regulate the production and distribution of new chemicals.
3. Risk Evaluation and Management: TSCA grants the EPA authority to evaluate existing chemicals for potential risks to human health and the environment. If necessary, the EPA can impose restrictions or bans on the manufacturing and use of certain chemicals.
4. Reporting and Recordkeeping: Companies that manufacture, process, or distribute chemicals covered by TSCA must comply with reporting and recordkeeping requirements. This information aids the EPA in monitoring and regulating chemical substances effectively.

Recent Amendments: In 2016, TSCA underwent significant amendments through the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This update strengthened the EPA’s ability to assess and regulate chemicals, placing a greater emphasis on protecting vulnerable populations and prioritizing chemicals for evaluation based on potential risks.

Relationship Between Proposition 65 and TSCA:

While both Proposition 65 and TSCA address chemical safety, they operate independently at the state and federal levels, respectively. Manufacturers and businesses that deal with chemicals must navigate compliance with both sets of regulations. TSCA primarily focuses on regulating the manufacture and use of chemicals at the federal level, while Proposition 65 in California is concerned with providing warnings about chemical exposures to the public.

In summary, California Proposition 65 and the Toxic Substances Control Act are crucial regulatory frameworks in the United States, aiming to safeguard public health by regulating chemical exposures and promoting transparency in the use of potentially harmful substances. Navigating these regulations requires businesses to stay informed about evolving chemical safety standards and ensure compliance with both state and federal requirements.