What is Proposition 65?
In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 1000+ chemicals since it was first published in 1987.
What does Proposition 65 require?
Proposition 65 requires businesses to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
Secondly, businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical, even in trace amounts. This warning can be given by a variety of means, such as by labeling a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, or publishing notices in a newspaper. Once a chemical is listed, businesses have 12 months to comply with warning requirements. Elkay has chosen to label all of its products in North America using language required by the State of California as follows:
WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov
What types of chemicals are on the list?
| PRODUCT DESCRIPTION | PRODUCTS | P65 CHEMICAL(S) | WARNING TEXT (ENGLISH) |
|---|---|---|---|
| Stainless steel-containing items | Steel sinks, drinking water coolers, drain grates, stainless drains, in building risers | Nickel (metallic and soluble compounds) | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to nickel (metallic and soluble compounds). See www.P65Warnings.ca.gov. |
| Chrome-plated items | Faucets, glass fillers, pot and kettle fillers | Chromium (hexavalent compounds) | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to chromium (hexavalent compounds). See www.P65Warnings.ca.gov. |
| Nickel-plated, Zinc plated and PVD-coated items | Faucets (chrome and PV), glass fillers, pot and kettle fillers, flush valves, toilet partition hardware, select TMVs | Nickel (metallic and soluble compounds) | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to nickel (metallic and soluble compounds). See www.P65Warnings.ca.gov. |
| Brass-containing items | Backflow preventers, pressure reducing valves, automatic control valves, water hammer arrestors, fire valves | Nickel (metallic and soluble compounds) | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to nickel (metallic and soluble compounds). See www.P65Warnings.ca.gov. |
| Cast Iron and anything heavy commercial | Automatic control valves, grooved couplings, carriers, drains, cleanouts | Nickel (metallic and soluble compounds) | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to nickel (metallic and soluble compounds). See www.P65Warnings.ca.gov. |
| Replacement parts | Replacement parts | Lead | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to lead. See www.P65Warnings.ca.gov. |
| Water Filters | Water filters and assemblies | Nickel (metallic and soluble compounds) | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to nickel (metallic and soluble compounds). See www.P65Warnings.ca.gov. |
| Plastic-containing items | Tubing, fittings, wiring | Styrene and di-n-hexyl phthalate (DnHP) | CALIFORNIA WARNING: Risk of cancer from exposure to styrene and reproductive harm from exposure to di-n-hexyl phthalate (DnHP). See www.P65Warnings.ca.gov. |
| Vitreous | Fireclay sinks, lavatories, water closets | Lead | CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to lead. See www.P65Warnings.ca.gov. |
| Wood cutting boards | Wood cutting boards | Wood dust and toluene | CALIFORNIA WARNING: Risk of cancer from exposure to wood dust and reproductive harm from exposure to toluene. See www.P65Warnings.ca.gov. |
| Quartz sinks | Quartz Sinks | n-methylpyrrolidone | CALIFORNIA WARNING: Risk of cancer from exposure to silica, crystalline (airborne particles of respirable size) and reproductive harm from exposure to n-methylpyrrolidone. See www.P65Warnings.ca.gov. |
Where can I get more information?
The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and maintains a web site at www.P65Warnings.ca.gov. This site provides information on the law, commonly asked questions and the list of all the chemicals.