Whelen Engineering strives to comply with all applicable laws, including Proposition 65.
WHAT IS PROP 65?
Proposition 65 (Prop 65) is a California law officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986.1 This right-to-know law requires the public to be informed when a substance on the Prop 65 list is present above a specific threshold. The California Office of Environmental Health Hazard Assessment (OEHHA) administers Prop 65 and the list of approximately 900 substances, which is updated continuously.2
Prop 65 requires a warning to be listed if a product:
- Is sold within the state of California
- Contains one or more of approximately 900 listed substances included on the Prop 65 list.3
This law is unique to California and is not a national standard related to safety or health. No other state in the U.S. has a similar law. A Prop 65 warning does not necessarily mean a product violates any product safety standards or requirements.4
What types of substances are on the Prop 65 list?
A broad range of substances are included on the Prop 65 list, including naturally occurring and human-made substances. The substance does not need to be intentionally added to the product to trigger the Prop 65 warning.5
Why does Whelen include the Prop 65 warning?
Whelen strives to comply with all applicable laws. We are required to provide the Prop 65 warning to ensure caution and compliance with this California right-to-know law.
I don’t live in California, why is there a Prop 65 warning on my product?
Whelen products are sold worldwide. It would be challenging to determine which products would ultimately be shipped and purchased in California. To ensure our compliance with Prop 65, we have elected to include these warnings on all of our products, regardless of their destination.
How is Prop 65 enforced?
Prop 65 is enforced through lawsuits brought on by the California Attorney General, district or city attorneys, or private citizens. A plaintiff does not need to prove that anyone has been effected to begin a lawsuit.6
1 “Proposition 65 FAQs | OEHHA.” 1 Feb. 2014, https://oehha.ca.gov/proposition-65/proposition-65-faqs. Accessed 5 Sep. 2019.
2 “The Proposition 65 List | OEHHA.” https://oehha.ca.gov/proposition-65/proposition-65-list. Accessed 5 Sep. 2019.
3 “The Proposition 65 List | OEHHA.” https://oehha.ca.gov/proposition-65/proposition-65-list. Accessed 5 Sep. 2019.
4 “Proposition 65 FAQs | OEHHA.” 1 Feb. 2014, https://oehha.ca.gov/proposition-65/proposition-65-faqs. Accessed 5 Sep. 2019.
5 “The Proposition 65 List | OEHHA.” https://oehha.ca.gov/proposition-65/proposition-65-list. Accessed 5 Sep. 2019.
6 “Proposition 65 Warnings Website – Your ….” https://www.p65warnings.ca.gov. Accessed 5 Sep. 2019.
In accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, Whelen is making every effort to ensure that suppliers of tin, tantalum, tungsten and/or gold have Conflict Minerals Policies in place ensuring compliance to the requirements set forth.
Whelen is performing this due diligence by:
- Flowing down Conflict Mineral compliance requirements through the supplier purchase order terms and conditions. See Whelen’s QAP-001, Supplier Quality Requirements [PDF link].
- Surveying suppliers and maintaining records of supplier Conflict Mineral statements of compliance and statements of compliance information provided in established information databases.
- Performing periodic audits of these suppliers and related products sold to Whelen, for traceability down to the mining source/location.