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Prop 65 discusses listing of chemicals and 'clear and reasonable' warning.
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| FOR ECO-SAFE TURF PRODUCTS AND DESIGNS CALL: 866-771-TURF OR GO TO |
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ADVISEMENT
Proposition 65 (the CA Safe Drinking Water and Toxic Enforcement Act of 1986) is a “notice” law, which mandates warning signs or labels on any products sold in CA that contain chemicals annually listed by the State of California as causing cancer or reproductive harm. This is a concern for purveyors and purchasers of artificial turf because neither can tolerate signs, prominently displayed on their new turf, which announce: “WARNING: This Area Contains Chemicals Known To The State of California To Cause Cancer And Birth Defects or Other Reproductive Harm”.
Unfortunately, most turf products contain chemicals on the List, such as silica (sand), urethane (coating), aromatic hydrocarbons (recycled-tire rubber) and toxic metals (grass filaments and infill).
Compounding the problem, no “safe harbor levels” have been established for most of these chemicals, so proving that levels of exposure are safe may be difficult and costly in the extreme. This places the turf purveyor and/or purchaser at great risk for significant fines and legal costs, since the enforcement mechanism is by litigation, which the law allows to be brought by “citizen enforcers”, often referred to as “bounty hunters”.
This chapter provides more information concerning Prop 65 - but keep in mind that FieldShield products and designs effectively circumvent the problem, by eliminating any of the listed chemicals.
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CHAPTER 9 - Proposition 65 Continued 2
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A second way for a chemical to be listed is if an organization designated as an 'authoritative body' by the CIC or DART Identification Committee has identified it as causing cancer or birth defects or other reproductive harm. The following organizations have been designated as authoritative bodies: the U.S. Environmental Protection Agency, U.S. Food and Drug Administration (U.S. FDA), National Institute for Occupational Safety and Health, National Toxicology Program, and International Agency for Research on Cancer.
A third way for a chemical to be listed is if an agency of the state or federal government requires that it be labeled or identified as causing cancer or birth defects or other reproductive harm. Most chemicals listed in this manner are prescription drugs that are required by the U.S. FDA to contain warnings relating to cancer or birth defects or other reproductive harm.
A fourth way requires the listing of chemicals meeting certain scientific criteria and identified in the California Labor Code as causing cancer or birth defects or other reproductive harm. This method established the initial chemical list following voter approval of Proposition 65 in 1986 and continues to be used as a basis for listing as appropriate.
What requirements does Proposition 65 place on companies doing business in California?
Businesses are required to provide a 'clear and reasonable' warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be given by a variety of means, such as by labeling a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, or publishing notices in a newspaper. Once a chemical is listed, businesses have 12 months to comply with warning requirements. |
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 Continue Chapter #9
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