1. Q: What is California 65?

A: California 65 is the California proposal to increase the attention to exposure to toxic chemicals, referred to as "California 65 proposal". In November 1986, California promulgated the "Drinking Water Safety and Toxic Substances Enforcement Act of 1986", which was later codified and included in Chapter 25249.5-25249.13 of the California Health and Safety Code.

2. Q: What are the requirements for California 65? How should a product meet California 65 requirements?

A: California 65 currently controls nearly 1,000 substances, and the substances in the list have no limit. For enterprises, it is difficult to completely control such a huge amount of substances. In addition, it is also one of the difficulties to update the controlled substances every quarter.

It is recommended that enterprises find out the limit requirements for such products in existing lawsuits according to the product type, and investigate the content of their own products to determine whether they meet the limit requirements for hazardous substances in relevant lawsuits. If the restricted substance exceeds the limit in the relevant litigation case, the enterprise should put a warning label on the product. At present, California 65 related lawsuits involve many types of products in various fields such as electrical and electronic, toys, and food contact materials.

3. Q: If the product has passed the phthalate test related to the California Act 65, is it considered that the product meets the requirements of 4 new phthalates in RoHS?

A: You can't think so. These two regulations have differences in the scope of control, control limits, controlled substances and test methods, so it is necessary to test and judge whether they meet the requirements.

4. Q: How is the current limit of California Bill 65 defined? Are there any stated limits? Where is the authoritative basis for these limits? What are the limits on DINP? When will it take effect?

A: The California 65 Act has been in effect since 1986. There is no clear limit in the Act. The limit comes from litigation cases (judgments after consumers sue companies). There is no official website for litigation cases. DINP limits are different depending on the product.

If you are interested in studying this regulation, it is recommended to go through the following official website: https://oehha.ca.gov/proposition-65

5. Q: There are more than 900 substances in the list of banned substances in California's Act 65, but many testing institutions mostly use the substances and limit values determined by the court as the measurement standards. If the company's products contain antimony trioxide (CAS No. 1309-64-4) in the list, the added ratio should be at least 10,000ppm. In this case, does the product meet the requirements of California 65?

A: Most electronic companies are regulated by referring to the California 65 prosecution case, and the controlled substances and limits are derived from the prosecution case. Although in the existing cases, no electronic products were prosecuted for exceeding the standard of antimony trioxide. But antimony trioxide is a carcinogen, and it is on the list of California 65, which will not rule out consumer concern in the future. From the perspective of risk, it is recommended that enterprises first check the use of this substance in various materials through supply chain investigations, and then gradually reduce or even disable this substance in subsequent processes.

6. Q: If a business is a manufacturer or producer of consumer goods, but does not sell directly to retailers, how should it comply with the retail seller's requirement to provide warnings?

A: Businesses that do not sell directly to retailers have two eligible options:

(1) Identify the product with the necessary warnings;

(2) Provide warning notices and warning materials to packers, importers, suppliers or distributors.

Under the second option, companies should ensure that warning messages can be passed along the supply chain and ultimately reach consumers. Manufacturers or producers may choose to contract with other businesses in other business chains to ensure that their products deliver appropriate warnings to retailers and end consumers.

7. Q: How to judge whether a California 65 list substance has carcinogenicity or reproductive toxicity or both characteristics?

A: Enterprises can view or download the complete list of California 65 by visiting the following official website of the California 65 List. The “toxicity category” column of the list lists the toxicological properties of related substances: https://oehha.ca.gov/proposition- 65/proposition-65-list

8. Q: California Proposition 65 requires standard format warnings to reflect "one or more" hazardous substances. If a company determines that there are five California List 65 substances that need to be warned, do all five substances need to be included in the warning?

A: If the five substances are carcinogens, the enterprise can only display the name of one of the five substances in the warning, or choose to display any one or all four of the other four substances at the same time;

If the five substances include both carcinogenic and reproductive toxicity substances, the enterprise can only reflect the name of one of the carcinogens and one of the substances that cause reproductive toxicity in the warning, and can also choose to reflect more in the warning. substance name;

If a substance has both carcinogenicity and reproductive toxicity, the warning only needs to reflect the name of the substance, as well as the two properties of carcinogenicity and reproductive toxicity. Companies can also choose to reflect more substance names.

9. Q: Can the abbreviation of the chemical substance name be used in the warning label? For example, if a product needs to provide a warning label for "Diethylhexyl Phthalate", can the abbreviation "DEHP" be used in the warning label instead of the full name of the substance?

A: The name in the warning label needs to be consistent with the name in the official California 65 list.

If an abbreviation is included in the warning label as part of the full name of the chemical, that abbreviation may be used alone in subsequent citations.