Proposition 65 (officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986) was enacted as a ballot initiative in the state of California in November 1986. The Proposition was intended by its authors to protect California citizens and the State's drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. This document is intended to answer questions regarding the proposition 65 warning labels appearing on our products.

This Act (section 25249.8.) requires the California Governor (at least annually) to publish an updated list of the chemicals that are known to the state to cause cancer or reproductive toxicity. For the most current copy of the published list you can follow this shortcut. As stated in part b of this section "A chemical is known to the state to cause cancer or reproductive toxicity within the meaning of this chapter if in the opinion of the state's qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity, or if a body considered to be authoritative by such experts has formally identified it as causing cancer or reproductive toxicity, or if an agency of the state or federal government has formally required it to be labeled or identified as causing cancer or reproductive toxicity."

 

This Act (section 25249.6.) requires warning procedures regarding any product that contains a certain amount of the over 500 chemicals that appear on the currently published list. "No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10." The published list of Proposition 65 related chemicals is long and is subject to change annually and the penalties for not providing required warnings on products can be very costly (as much as $ 2500.00 per day for each violation, in addition to any other penalty established by law) along with the expense of any legal fees that are incurred. Therefore although the amount of a listed chemical contained in a product may be negligible some companies will apply warning labels that may not actually be required simply as a method of protection from Proposition 65 litigation and to insure future compliance. In addition, many legal authorities feel that any manufactured products which (during normal use) are likely to expose the user to other materials that contain chemicals appearing on the published Proposition 65 list may be subject to the same warning procedures that are required by Proposition 65 and should be appropriately labeled.

 

Proposition 65 is not a requirement of other states, nor a mandate by any department of the United States Government. Any company however, that operates or sells products in California, or manufactures products that may be sold or brought into California will find themselves subject to the requirements of Proposition 65. As the manufacturer of a wide variety of products that are sold throughout the world (including the state of California) and because of the nature in which these products are used, the product warning requirements of Proposition 65 apply to us.  Please be advised that the use of our products with various solders and soldering products may expose the user to lead, cadmium and various other Proposition 65 listed chemicals that may be used in the manufacture of various solder alloys. 

As a matter of ongoing concern for our employees, our customers and the environment we are continuously reevaluating the products that we manufacture in order to provide equipment that is not only easy to operate but also safe to use. This bulletin provides shortcut links to several specific areas of the California, OEHHA (Office of Environmental Health Hazard Assessment) web pages, however if you have any unanswered questions regarding proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) as it relates to any of the products that we manufacture please feel free to contact us directly and we will do our best to provide you with the information that you are seeking.