Gary -- The basis of the law is that one should not expose citizens of California to any of these chemicals "known to the State of..." without first warning them. No requirement to remove them. Appears to be a "name and shame" approach that has had some success in companies removing some chemicals from products.
A few points: 1. A huge portion of the 800+ chemicals have no established safe harbor levels. 2. Enforcement is primarily by citizens or NGO type groups who buy products without warnings, test them to find any of the 800+ chemicals, then work with specialty law firms to sue you and reach what are in effect consent settlements that cover all of their attorneys' fees and then some. This enforcement mechanism is written into the law/regulations, and appears painful for those sued. 3. California is in the process of "improving" the enforcing regulations, and issued proposals in April 2014. They got a lot of comments, and are presumably digesting those on their way to final regulations. I did not see these proposals as improvements, which is why I put the quotation marks around the word. 4. Because of the size of the California market plus the common desire by manufacturers for one set of warnings for all products sold in the USA, this has impacts far outside of California. Contact me separately if you'd like to chat about this. Mike Sherman Graco Inc. ----- Original Message ----- From: "Gary McInturff" <[email protected]> To: "EMC-PSTC" <[email protected]> Sent: Thursday, October 2, 2014 10:06:14 AM Subject: [PSES] California Prop 65 Just starting to dig into this – and haven’t gotten to the legalese just yet but headed that way. But so far what I’ve read would indicate that it doesn’t mandate removal of the chemicals – other than those already regulated such as lead a Cadmium it appears that after analysis is you are above the below the safe harbor numbers you are only required to put a warning on the product that carcinogenic materials are in the product. I’ve seen the warnings all over the place during my travels to California – Disneyland, and basically any place you can think of. I believe they have a contact point so the interested consumer could follow up should they choose, but certainly a warning can’t be all that is required for the 800 or so chemicals listed. Is there no requirement for removal or reduction to the safe harbor levels? Thanks Gary McInturff Reliability/Compliance Engineer Esterline Interface Technologies Featuring ADVANCED INPUT, GAMESMAN, and LRE MEDICAL products 600 W. Wilbur Avenue Coeur d’Alene, ID 83815-9496 Toll Free: 800-444-5923 X1XXX Tel: (208) 635-8 Fax: (208) 635-8 www.esterline.com/interfacetechnologies Technology, Innovation, Performance… "Information in or attached to this e-mail message may be subject to export control restrictions of the International Traffic in Arms Regulations (ITAR) (22 CFR pts. 120-130) or the Export Administration Regulations (EAR) (15 CFR pts. 730-774). Before exporting this information outside the United States or releasing it to a foreign person in the United States, you need to determine whether a license under the EAR or the ITAR is required to do so. If you have any questions about this obligation, please contact me." - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to < [email protected] > All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas < [email protected] > Mike Cantwell < [email protected] > For policy questions, send mail to: Jim Bacher < [email protected] > David Heald < [email protected] > - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <[email protected]> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <[email protected]> Mike Cantwell <[email protected]> For policy questions, send mail to: Jim Bacher: <[email protected]> David Heald: <[email protected]>
