1. Identification of Chemicals:
PVC bags must be checked for chemicals listed under Proposition 65. Common chemicals in PVC products include phthalates (such as DEHP) and lead.
2. Warning Labels:
If a PVC bag contains any Proposition 65 listed chemicals above the safe harbor levels, a clear and reasonable warning must be provided. The warning must inform consumers about the presence of these chemicals and the associated risks.
3. Labeling Standards:
The warning label should be conspicuous and placed where it is likely to be seen by the consumer before purchase. It typically reads: “WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.”
4. Record Keeping:
Businesses must maintain records of compliance, including testing results and certification of materials used in PVC bags.
5. Distribution Requirements:
Wholesalers and retailers must ensure that products are properly labeled and that warnings are communicated down the supply chain.
Compliance Steps:
- Material Testing: Regularly test PVC materials used in bags to identify any Proposition 65 chemicals.
- Documentation: Keep thorough documentation of tests and compliance efforts.
- Labeling: Ensure all products are correctly labeled before reaching consumers.
- Supply Chain Communication: Inform all parts of the supply chain about compliance requirements and labeling standards.
Adhering to California Proposition 65 not only ensures legal compliance but also demonstrates a commitment to consumer safety.
