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| California Safe Drinking Water and Toxic Enforcement Act of 1986 | |
|---|---|
| Name | California Safe Drinking Water and Toxic Enforcement Act of 1986 |
| Enacted by | California Legislature |
| Also known as | Proposition 65 |
| Long title | An act to protect California residents and State of California resources by requiring warnings about exposure to chemicals that cause cancer, birth defects, or other reproductive harm |
| Enacted | 1986 |
| Status | current |
California Safe Drinking Water and Toxic Enforcement Act of 1986
The California Safe Drinking Water and Toxic Enforcement Act of 1986 is a state statute enacted by California voters that requires warnings and regulatory controls for exposures to chemicals listed as causing cancer or reproductive toxicity. The measure created a public roster of listed chemicals, imposed warning and discharge requirements on businesses, and established a civil enforcement mechanism that has engaged California Attorney General, private enforcers, and numerous corporate defendants. Over decades the law has intersected with United States Supreme Court attention, state regulatory agencies, and a wide array of industries, prompting reforms, litigation, and compliance programs.
Proponents placed Proposition 65 on the November 1986 ballot in response to debates involving California Environmental Protection Agency, California Health and Human Services Agency, and advocacy organizations such as California League of Conservation Voters, Natural Resources Defense Council, and Environmental Working Group. Supporters cited chemical exposure incidents like the aftermath of Love Canal and the rise of interest sparked by Silent Spring and the Human Reproductive System controversies to argue for consumer warnings. Opponents included trade associations such as the California Chamber of Commerce and industry groups representing Pharmaceutical Research and Manufacturers of America and National Association of Manufacturers, who warned about litigation burdens and conflicts with regulatory schemes like the Safe Drinking Water Act and standards developed by the United States Environmental Protection Agency. After voter approval, implementation involved coordination among the California Office of Environmental Health Hazard Assessment, California Department of Public Health, and local agencies.
The statute requires the Office of Environmental Health Hazard Assessment to maintain a list of chemicals established to cause cancer or reproductive toxicity through identification pathways including federal bodies like the National Institutes of Health, the International Agency for Research on Cancer, and state scientific panels. Businesses with 10 or more employees, including corporations such as Walmart, The Home Depot, and ExxonMobil, must provide "clear and reasonable" warnings for exposures exceeding safe harbor levels or must reduce exposures below established levels; failure to warn can result in civil penalties administered by the California Attorney General, district attorneys, or private citizens. The law authorizes the imposition of administrative remedies, requires warning language conformity, and provides safe harbor levels based on risk assessments used by agencies like the United States Environmental Protection Agency and the National Toxicology Program.
The chemical roster includes substances recognized by International Agency for Research on Cancer, National Toxicology Program, World Health Organization, and other bodies; notable entries have included lead, asbestos, benzene, formaldehyde, tobacco smoke, acrylamide, bisphenol A, and many pesticides originally regulated by United States Department of Agriculture or United States Environmental Protection Agency. The listed chemicals span industrial intermediates used by Dow Chemical Company and DuPont, consumer product constituents found in items sold by Target Corporation and IKEA, and contaminants associated with legacy pollution sites like Exxon Valdez and urban Port of Los Angeles operations. Additions to the list have been influenced by scientific determinations from International Agency for Research on Cancer monographs, actions by the California Environmental Protection Agency, and petitions from advocacy groups such as Environmental Defense Fund.
Enforcement has been driven by public prosecutors including the California Attorney General and private enforcement by plaintiff firms and non-profits like Center for Environmental Health. The law permits civil penalties of up to $2,500 per day per violation and injunctive relief; landmark cases reaching the United States Supreme Court clarified issues such as standing and attorney fee awards. High-profile defendants have included corporations like Kraft Foods, Kellogg Company, Johnson & Johnson, and General Motors, leading to settlements and injunctive remedies. Courts in California have addressed preemption questions vis-à-vis federal statutes such as the Federal Food, Drug, and Cosmetic Act and regulatory determinations by the United States Environmental Protection Agency.
Businesses ranging from small retailers to multinationals such as Apple Inc., Walmart, Toyota Motor Corporation, and Nike, Inc. implemented compliance programs involving chemical inventories, product reformulation, labeling changes, and engineering controls. Trade associations including the California Manufacturers & Technology Association and National Retail Federation advocated for clearer regulatory guidance and changes to safe harbor calculations. Companies engaged consultants, laboratories accredited by bodies like National Institute of Standards and Technology, and legal counsel from firms experienced before the California Superior Court and Ninth Circuit Court of Appeals to manage exposure assessments and settlement negotiations.
Proponents argue the statute reduced population exposures to carcinogens and reproductive toxins in California, influenced product formulation by firms such as Procter & Gamble and Unilever, and supported municipal water quality efforts in jurisdictions like Los Angeles and San Francisco. The law intersected with public health programs run by California Department of Public Health and environmental remediation overseen by the California Regional Water Quality Control Board. Critics question the magnitude of population-level benefits, citing complexities in exposure assessment and attribution, while epidemiologists from institutions like University of California, Berkeley and California Institute of Technology have produced studies assessing trends in biomonitoring data.
The law generated controversies over "bounty hunter" private enforcement, settlement-driven penalties, and the proliferation of warning notices on consumer products sold by Target Corporation and Amazon (company). Major litigation produced decisions by the United States Supreme Court and appellate courts shaping notice requirements, statutory standing, and penalties. Legislative and administrative reforms have been proposed and enacted addressing safe harbor levels, enforcement procedures, and notice requirements, involving entities such as the California Legislature and the Office of Administrative Law. Settlement funds and injunctions have funded public education campaigns by groups like Community Water Center and local governments including the City of Los Angeles, while ongoing debates engage stakeholders from American Chemistry Council to public interest organizations.
Category:California law Category:Environmental law Category:Public health