California Proposition 65 Requirements
On December 18, 2009, wood dust was added to the California Proposition 65 list as a substance known to the State of California to cause cancer. Wood products could expose individuals to wood
dust when products are drilled, sawed, sanded, machined, or otherwise handled in a manner that
will produce wood dust.
According to the California Health and Safety Code, as of December 18, 2010, no person in the
course of doing business in California shall knowingly and intentionally expose individuals to
wood dust without first providing a clear and reasonable warning. The warning requirement
applies to any person employing ten or more employees who manufactures, distributes, or
otherwise transfers a wood product into the stream of commerce in California.
Titanium dioxide (TiO2) was added to the list of Prop 65 chemicals known to the State of California to cause cancer on September 2, 2011 and notification compliance is mandatory by September 2, 2012. According to the California Office of Environmental Health Hazard Assessment (OEHHA), the titanium dioxide listing is for airborne particles of respirable size and does not cover TiO2 when it remains bound within a product matrix.
Titanium dioxide is a chemical that is used in edge and end sealers in engineered wood and lumber products, wood stencil paints and inks as a color brightener. Not all ink, paint and sealer formulations used on wood products contain TiO2 and the presence of the chemical varies across individual product lines by manufacturers. The average consumer cannot differentiate between product coatings that contain titanium dioxide and those which do not. Consumer exposure to respirable TiO2 would occur only when a wood product is sawn, sanded or machined in an area of the product that contained a (TiO2) sealer, stencil or similar coating.
As a manufacturer of wood products, Western Timber is required to provide all of California
customers with the following warning:
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.
If you are a retailer or distributor of wood products doing business in California, you are also
required to comply with the Proposition 65 warning requirements.
Distributor Requirements
If you are a distributor, you must provide a clear and reasonable warning to your retail
customers along with a letter explaining the obligations of Proposition 65 and must make
reasonable efforts to ensure that retailers are properly posting the warning sign. The warning
sign and sample letter are available to download below.
If you have customers that order products via the internet or by phone, you are required to
provide the Proposition 65 warning in an appropriate matter. You may include the language
below on your invoice, shipping papers, or other documents that will be received by your
customer. You must also provide them with a sample warning sign and a letter explaining their
Proposition 65 obligations.
According to California Health and Safety Code, as of December 18, 2010, by purchasing
this product, you have a duty to inform your customers that they must provide a clear and
reasonable warning to any customer who purchases wood products, and you must take
reasonable steps to ensure that the warning sign is properly posted at the retail outlet, if
applicable. The following warning should be posted at the points of sale or display of the
wood products in California so it will be seen by the purchaser:
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.
A copy of the ready‐to‐post warning sign has been previously provided. If you are a
distributor, you must also notify the retailers of the wood products of the Proposition 65
warning requirements and confirm that they will provide the warning as required by law.
A sample letter has been previously provided.
As a distributor, you must also take reasonable steps to ensure retail customers are properly
providing the warning the ultimate purchaser of the wood products. Distributors should request
confirmation from their retail customers that they are complying with the Proposition 65
requirements.
Retailer Requirements
If you are a retailer, you are required to post a warning sign. The warning sign should be
displayed at the point of sale or posted at the display of the wood products so it will be seen by the
purchaser.
A copy of a ready‐to‐post warning sign is available to download below.
If you have customers that order products via the internet or by phone, you are required to
provide the Proposition 65 warning in an appropriate matter. You may include the language
below on your invoice, shipping papers, or other documents that will be received by your
customer.
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.
|
