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What is CA Proposition 65?

Tue, January 15, 2019

What is Proposition 65?
Proposition 65 (commonly referred to as Prop 65) is regulation originally passed in 1986 by the citizens of California and its purpose is to alert consumers in California of items which may pose a risk of cancer or birth defects.  The State of California maintains a list of these substances and new substances are added periodically.  This regulation primarily affects retail businesses but also affects other businesses that may deal directly with consumers and producers of consumer products.  It is not illegal to have a listed substance in a product but business owners and product manufacturers have an obligation to label the item according to the new Prop 65 regulations, which are effective August 30th, 2018.   

Why are we labeling our products?
Although we do not sell products directly to consumers, many of our customers do and many sell directly to consumers in California.  TUTCO products may contain Nickel, Cadmium, and Lead which are on the Prop 65 list of substances.  Nickel is found in our resistance wire and some of our electrical components.  Cadmium and Lead are also found in some of our electrical components. 

Some customers may not be aware of the labeling requirements set forth in Prop 65 regulation so, to assist our customers, we are placing a Prop 65 Warning label on either the product or the box / container to alert you that labeling of your products may be required.  You will also see the warning statement on packing slips, invoices, quotations, and on our website.  These warnings will only be placed on products containing Prop 65 substances.

What do you as our customer need to do?
If your company is knowingly and intentionally placing products containing Prop 65 substances in the State of California, then you must place a Prop 65 Warning label on your product and work with your retailer or customer on how the warning will be displayed or communicated to the citizens of California.   If you do not label products entering into the California consumer market, then you become a high-risk target for special interest groups and individuals that might take legal action for violation of Prop 65. 

What is TUTCO doing going forward?
TUTCO will continue to work in collaboration with our customers on ensuring communication of substance information is made available for products in the California consumer market or other affected markets.  If you have any questions regarding any governmental, safety, or environmental regulation, we encourage you to contact our Customer Service or Sales group for assistance.             
 
Current List of Proposition 65 Chemicals
https://oehha.ca.gov/proposition-65/proposition-65-list

New Proposition 65 Warnings
https://www.p65warnings.ca.gov/new-proposition-65-warnings

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