Prop 65 Frequently Asked Questions: Essential Insights for Print and Packaging Professionals
Navigating California’s Proposition 65 packaging requirements can feel like a maze for those in the print industry. With over 1,000 chemicals on the list and strict rules around warnings, it’s a lot to unpack. At Zeller+Gmelin, we’re here to simplify it for you.
As experts in formulating compliant UV/LED inks, coatings and adhesives, we’ve put together this FAQ to break down the essentials of Prop 65—so you can focus on your business, not the fine print.
1. What Is Prop 65?
Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California law designed to safeguard residents from exposure to chemicals linked to cancer, birth defects, or reproductive harm. It mandates that businesses provide warnings if their products contain significant levels of these substances, such as lead, phthalates, or formaldehyde.
2. Who Must Comply with Prop 65?
Compliance is required for any business selling or distributing products in California, or manufacturing items that may reach California residents—including those based outside the state. This applies to business owners, printers, and compliance managers in the print and packaging sector. Exemptions exist for companies with fewer than 10 employees or products with chemical levels below designated “safe harbor” thresholds.
3. Which Chemicals Are Covered?
The Prop 65 list started with 30 chemicals in 1986 and now tops 1,000, all identified as potential carcinogens or reproductive toxins, with new chemicals added to the list every year. It includes substances that affect print and packaging manufacturers such as heavy metals, phthalates, bisphenol A (BPA), styrene, and certain solvents used in inks, coatings, and adhesives. View the full chemical list on the OEHHA website: https://oehha.ca.gov/proposition-65/proposition-65-list
4. When Is a Warning Required?
A warning is necessary when a product exposes users to a listed chemical above its “safe harbor” level. These thresholds—NSRL (No Significant Risk Level) for carcinogens and MADL (Maximum Allowable Dose Level) for reproductive toxins—determine compliance. If no safe harbor level exists for a chemical, businesses must evaluate exposure risks to decide if a warning is needed.
5. What Does a Prop 65 Warning Entail?
A Prop 65 warning must contain the word “WARNING” in bold and must be clear and reasonable, typically featuring language like:
WARNING: This product can expose you to [chemical name], which is known to the State of California to cause cancer and/or birth defects or other reproductive harm. For more information, visit www.P65Warnings.ca.gov.
These notices may appear on product labels, websites, or in-store signage to inform consumers effectively.
6. How Can I Ensure My Products Meet Prop 65 Standards?
For printers, your choice of substrate, inks, coatings and adhesives will affect your Prop 65 compliance. Speak to your suppliers about testing inks, coatings, and packaging materials for Prop 65-listed chemicals. Compare results to safe harbor limits (where applicable) and maintain thorough documentation. Partnering with a forward-thinking ink supplier like Zeller+Gmelin, who prioritizes formulation compliance, can streamline this process.
7. What Are the Consequences of Non-Compliance?
Failing to comply can lead to steep penalties—up to $2,500 per day, per violation. Costs can escalate quickly with multiple products or prolonged exposure. Enforcement comes from the California Attorney General, district attorneys, or private citizens acting in the public interest, making adherence critical.
8. How Does Zeller+Gmelin Support Compliance?
We understand the complexities of Prop 65 packaging requirements. Zeller+Gmelin is dedicated to developing inks, adhesives and coatings that meet regulatory standards without compromising performance. Whether you’re producing labels or packaging, our expertise ensures your materials align with Prop 65 requirements for printers. Have questions or need tailored solutions? We’re here to assist.
Your Partner in Prop 65 Compliance
Mastering Prop 65—from its chemical list to its warning protocols—doesn’t have to be daunting. Zeller+Gmelin is your trusted partner in navigating these regulations with confidence. Contact us today to learn how our compliant inks and coatings can support your business.