What is California Prop 65?

What is California Prop 65?
•Labeling Rule - Does not Ban or Limit Chemicals
•Requires that the consumer be warned that product
contains certain chemicals at time of purchase
“This product contains “chemicals” known to the State of
California to cause cancer, or birth defects or other reproductive
harm.”
•Prop 65 applies to ALL products sold in California
•Children AND ADULT products
•Exposure “limits”, not content limits like CPSIA
•Micrograms Per Day (Mg/Day) Vs. Parts Per Million (PPM)
•“Safe Harbor” Levels, where they exist, are based on exposure
What is California Prop 65?
850 + chemicals on list
•Lead and lead compounds
•Phthalates (DEHP, DBP,
BBP)
•Chromium (hexavalent
compounds)
•Crystalline silica
•Formaldehyde
•Flame Retardants (Tris)
•Cadmium
•Salted Fish (Chinese Style)
What is California Prop 65?
•Prop 65 enforced through litigation (LAWSUITS)
•Private California citizens
•Consumer Advocacy Groups
•These “Citizen Enforcers” or “Bounty Hunters” issue “60-Day
Notices” of their intent to sue a company for an alleged
violation of Prop 65
•Almost every case ends in a settlement
•Average Settlement - $75,000
•Most of settlement goes to plaintiffs and their lawyers
•Most settlements impose new content limits on the chemicals involved
•Lead – 200ppm for substrate, 90ppm for paint/surface coatings (for
garments and shoes)
•Phthalates (DEHP, DBP, BBP) – 1,000ppm (for garments and shoes)
•Cadmium – 300ppm (for jewelry)
California Prop 65 Notices
400
350
300
250
200
150
100
50
0
Lead or Lead
Compounds
Phthalates
Other
2007
2008
2009
2010
2011
2012(December
1)
21
17
43
66
64
44
9
1
39
0
90
0
133
9
343
14
107
6
Lead or Lead Compounds
Phthalates
Other
California Prop 65 Notices
2011&2012 60 Day Notices by Category
200
180
186
160
140
120
100
2011
92
80
75
60
50
40
17 15
Apparel &
Costumes
51
37
34
20
0
2012 (December 1)
12
Jewelry
17
Luggage, Tote &
Back Packs
14
Belts, Hats &
Gloves
Footwear
Hand bags &
Fashion
Accessories
How Can You Comply With Prop 65?
How Can You Comply With Prop 65?
AAFA Prop 65 RSL
Washington State Children’s Safe
Products Act (CSPA)
• Reporting Law
• Applies to All Children’s Products Sold in
Washington State (age 12 and younger)
• 66 Chemicals of High Concern to Children (CHCC)
• Manufacturers must report if:
– CHCC intentionally added, and exceeds practical
quantitation limit (PQL)
– CHCC is a contaminant and exceeds 100 ppm
Washington State Children’s Safe
Products Act (CSPA)
• Reporting Rule is Being Phased-In
– First Reporting Deadline was August 2012
– Next Reporting Deadline is February 2013
• One Exception
– Manufacturing Control Program (MCP)
• For Contaminants
• Essentially a Chemical Management Program
• Use of a Restricted Substances List (RSL)
Washington State Children’s Safe
Products Act (CSPA)
Reporting Deadlines
Manufacturer
Categories
(based on U.S.
gross sales –
all products)
Product
Tier 1
Product
Tier 2
Product
Tier 3
Product Tier 4
(to set a date
would require a
revised rule)
Largest
8/2012
2/2013
8/2013
case-by-case
Larger
2/2013
8/2013
8/2014
case-by-case
Medium
8/2013
8/2014
8/2015
case-by-case
Small
8/2014
8/2015
8/2016
case-by-case
Smaller
8/2015
8/2016
8/2017
case-by-case
Tiny
8/2016
8/2017
8/2018
case-by-case
Washington State Children’s Safe
Products Act (CSPA)
Reporting Results – August 2012
• 27 Companies
• 2334 Reports
• 2/3 of the Reports on Garments & Footwear
– 1133 Reports on Garments
– 412 Reports on Footwear
Phthalates
6%
Molybdenum
7%
Methyl Apparel Reports by CHCC Octamethylcycl
Ethyl
otetrasiloxane
Ketone
2%
2%
Antimony
7%
Cobalt
38%
Styrene
7%
Ethylene Glycol
31%
Companies - 8
Reports - 1133
Source: Washington Children’s Safe Product Act Report Database
Washington State Children’s Safe
Products Act (CSPA)
Consequences
• Public Database with Chemical Information About
Your Customer’s Products
• Possible Attacks by Stakeholder Groups
• New Target List for California Prop 65
“Bounty-Hunters”
AAFA Guidance for Reporting
AAFA created a guidance to provide the garment and
footwear industry with common methodology for consistent
reporting throughout the industry.
The Guidance Includes:
–
–
–
–
–
–
–
Industry Interpretation of the CSPA
What must be included in notice reported
Three keys to approaching the regulations
Frequently Asked Questions
Best practices for decision making process
Reporting Rule Decision Tree
Separate document analyzing the current CHCs, their use in the
industry, their “brick,” and whether the CHC typically appears on RSLs
Washington State CSPA
AAFA Guidance for Reporting
Available for FREE on
AAFA’s website
http://www.wewear.org
Maine Toxic Chemicals in Children’s
Products Law
• Reporting Rule
– Applies to Children’s Products Sold in the State of Maine
– Requires Reporting of “Priority” Chemicals to Maine Department of
Environmental Protection (DEP)
– Reports Made Publicly Available on Maine DEP website
• July 2012, DEP Reduced Chemicals of High Concern (CHC) List
to 49 Chemicals (from 1,400)
• Maine CHC List and Washington State CHCC List Very Similar
• Regulators Use CHC List to Determine “Priority” Chemicals
• To Date, only 3 Chemicals Designated as “Priority” Chemicals:
• Nonylphenol, Nonylphenol Ethoxylates A
• Bisphenol A (BPA)
California Safer Consumer Products Act
• California Green Chemistry Initiative
• Draft Regulation Published July 2012
– New Draft Regulations Expected this Month
– Final Regulations Expected by End of 2013
• Reporting Rule ++++++
– Will Apply to All Products (Adult & Children)
– Over 1,200 Chemicals of Concern (CoCs)
• Narrowed Possibly to 200 CoCs
– Requires:
• Reporting
• Alternatives Analyses
• Regulatory Response for “Priority Products”
Thank You
Nate Herman
Vice President of International Trade
703-797-9062
[email protected]
www.wewear.org