PROPOSITION 65 
SAFE DRINKING WATER AND TOXIC
ENFORCEMENT ACT OF 1986

1986 
Safe Drinking Water and Toxic Enforcement Act of 1986 was passed as a voter initiative to address citizen concerns about exposure to substances which cause cancer or reproductive toxicity. Law prohibits businesses from discharging such chemicals into sources of drinking water, and requires that warnings be given to individuals exposed to them.

Violation 
Past violations of the warning requirements are subject to assessment of civil penalties up to $2,500 per exposure. Injunctions may be obtained to prevent threatened or occurring violations of the Act. Public and private prosecutors often seek to simultaneously enforce the Act under the state's Unfair Compensation Statute. That law allows public prosecutors to obtain an additional penalty of $2,500 per violation, and allows any enforcer to obtain restitution against the alleged violator.

KEY ISSUES

Agriculture Issue has now spread to pesticides and fertilizers. Potential impact may include Prop 65 notification at the supermarket or retail store.

Impact on Cotton Industry Several pesticides have been listed under Proposition 65 or are being reviewed for potential listing. These include several chemicals used on cotton, including the following:

Prop 65

Already Listed 

Under Consideration

Bladex Admire
Buctril  Ambush
Comite Baytan
Fusilade Ginstar
Metasystox Goal
 Ovasyn  Kelthane
Quick Pick Prowl
   Regent
Vapam
Zephyr

 

 


California Health & Safety Code, Section 25249.6
Required Warning Before Exposure to Chemicals Known to Cause Cancer or Reproductive Toxicity. 
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.

 

 

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