OVERVIEW OF CALIFORNIA’S PROPOSITION 65
WOOD DUST AND TITANIUM DIOXIDE DUST
WARNING REQUIREMENTS
What is California State Proposition 65?
Proposition 65 is a law in California, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Proposition 65 requires the Governor to publish, at least annually, a list of substances known to the State to cause cancer or reproductive harm. On December 18, 2009, wood dust was added to the list of substances “known to the State of California to cause cancer.” On September 2, 2011, titanium dioxide was also added to the list. Titanium dioxide is found in edge sealers used on many wood products. On March 15, 2012, methanol was added to the list as a chemical “known to the State of California to cause cancer, birth defects or other reproductive harm”, Wood products can emit some level of methanol. Once a substance or chemical is listed, businesses have 12 months to comply with the warning requirements.
According to California Health and Safety Code Section 25249.6, as of December 18, 2010, no person in the course of doing business shall knowingly and intentionally expose an individual to wood dust without first providing a clear and reasonable warning. Starting September 2, 2012, no person in the course of doing business shall knowingly and intentionally expose an individual to titanium dioxide dust without first providing a clear and reasonable warning. Starting March 15, 2013, no person in the course of doing business shall knowingly and intentionally expose an individual to methanol without first providing a clear and reasonable warning. These warning requirements apply to any person employing ten or more employees who manufactures, produces, sells, distributes, or otherwise transfers a wood product or a wood product that contains titanium dioxide into the stream of commerce in California.
For more information on Proposition 65, go to http://www.oehha.ca.gov/prop65.html.
Why Are We at Ainsworth Concerned About California State Proposition 65?
Since December 18, 2010 (for wood dust), September 2, 2012 (for titanium dioxide), and starting March 15, 2013 (methanol), the State of California requires anyone who manufactures, produces, sells, distributes or otherwise transfers a wood product or a wood product that can generate wood dust, contains titanium dioxide, or emits methanol into the stream of commerce in California to comply with the Prop. 65 warning requirements. We want our customers to know what we are doing to comply with the law.
Wood dust and titanium dioxide dust can be released when wood products and the edge sealer, if any, are drilled, sawed, sanded or machined. Some level of methanol can be emitted from wood products.
We also want to inform our customers of these warning requirements, so they, and their customers, including retailers, will understand what is expected when such wood products are
introduced into the stream of commerce in California, so they, too, may comply.
Objective Of Proposition 65 Is To Warn The End User.
The objective of Proposition 65′s wood dust, titanium dioxide dust, and methanol warning requirements is to see that the warnings are transmitted, to the extent practicable, to the end user of the product. If, for example, the end user is purchasing wood products from a retail outlet, the suggested warning sign should be posted at the retail outlet where such wood products being offered for sale are displayed, or at the point of sale (i.e., cash register or order counter), or both, so that it is likely to be seen and read by consumers purchasing such wood products.
What is Ainsworth Doing To Comply With Proposition 65?
Ainsworth has developed a Proposition 65 warning program that includes:
1. A dedicated Proposition 65 page on its website consisting of:
a) This overview of the Proposition 65 wood dust, titanium dioxide dust and methanol emission warning requirements.
b) Printable examples of an approved warning sign, which reads:
“WARNING: Drilling, sawing, sanding, or machining wood products generates wood dust and other substances known to the State of California to cause cancer. Avoid inhaling dust generated from wood products or use a dust mask or other safeguards to avoid inhaling dust generated from wood products. Wood products emit chemicals known to the State of California to cause birth defects or other reproductive harm. California Health and Safety Code Section 25249.6”
c) Ready-to-post warning signs, with a link to obtain such signs.
d) Sample letter for our customers to send to their customers who are suppliers or wholesalers or resellers.
e) Sample letter for our customers to send to their customers who are retailers.
f) Links to additional information on Proposition 65.
2. An email notification to our customers prior to the effective date of the Proposition 65 warning requirement, and at least annually thereafter, advising of the Proposition 65 requirements with directions to our Proposition 65 web page.
3. Confirming that each customer will, to the extent Proposition 65 applies, comply with the California Proposition 65 wood dust, titanium dioxide dust, and methanol warning requirements.
Important Information:
1. What Should The Warning Say? We suggest a warning that reads: “WARNING: Drilling, sawing, sanding, or machining wood products generates wood dust and other substances known to the State of California to cause cancer. Avoid inhaling dust generated from wood products or use a dust mask or other safeguards to avoid inhaling dust generated from wood products. Wood products emit chemicals known to the State of California to cause birth defects or other reproductive harm. California Health and Safety Code Section 25249.6″. (You can find a printable example of such a warning sign here.) http://www.ainsworthengineered.com/resource-library/california-proposition-65/warning-sign/
2. What If You Are a Retailer? If you are a retailer who sells to end users, and if you have not done so already, you should make sure that you post the suggested warning sign at your retail outlet where wood products being offered for sale are displayed, or at the point of sale (i.e., cash register or order counter), or both, so that it is likely to be seen and read by consumers purchasing wood products.
3. What If You Are a Distributor to Suppliers or Wholesalers? If you are a distributor who sells to other distributors or suppliers wood products that may end up in California, and if you have not done so already, you must pass along all of the necessary compliance information, instructions, and materials to your customers, and advise them of their responsibility to make sure the retailers have, or have access to, the necessary compliance information, instructions, and materials. This includes passing on instructions that the retailer should post the suggested warning sign at the retail outlet where wood products being offered for sale are displayed, or at the point of sale (i.e., cash register or order counter), or both, so that it is likely to be seen and read by consumers purchasing wood products. (To assist in this regard, you may forward this e-mail on to your customers, or if you want to communicate with your customers by mail, or both; a sample letter marked “Letter to Wood Products Distributors or Other Re-Sellers” is available here.) http://www.ainsworthengineered.com/resource-library/california-proposition-65/letter-to-distributors/.
4. What If You Sell Directly to Retailers? If you, or your customers, sell wood products directly to retailers, and if you have not done so already, you and your customers have the responsibility to make sure the retailers have, or have access to, the necessary compliance information, instructions, and materials. You should instruct the retailer that the suggested warning sign must be posted at the retail outlet where wood products being offered for sale are displayed, or at the point of sale (i.e., cash register or order counter), or both, so that it is likely to be seen and read by consumers purchasing wood products. (To assist in this regard, you may forward this e-mail on to your customers, or if you want to communicate with your customers by mail, or both; a sample letter marked “Letter to California Wood Products Retailers” is available here.) http://www.ainsworthengineered.com/resource-library/california-proposition-65/letter-to-retailers/.
5. What If You Make Phone or Internet Sales? If you or your customers sell or distribute or transfer wood products to the end user via phone or internet orders, you need to communicate the suggested warning to that end user. You should consider including the suggested warning with or in your invoice, in your confirming email to the end user, or in some other form that is likely to be seen and read by the end user of the wood products. (You can find a printable example of the suggested warning sign here http://www.ainsworthengineered.com/resource-library/california-proposition-65/warning-sign/ that can be attached to your invoice or to an email.)
6. Where Do You Get Warning Signs? You, your retailer customers, and any distributors, resellers or suppliers with whom you do business, can print suggested warning signs here http://www.ainsworthengineered.com/resource-library/california-proposition-65/warning-sign/, or you may contact LACN (e-mail: info@lumberassociation.org; phone: 916-235-7490).
Thank you for your cooperation.
If you have any questions, you may direct them to:
Mark Sutherland
General Manager, N. A. Sales
(604) 661-3282