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California’s Office of Environmental Health Hazard Assessment (OEHHA) added pentabromodiphenyl ether mixture (penta-BDE mixture, DE-71 (technical grade)) to the list of chemicals held under California Proposition 65 (Prop 65) on July 7, 2017.

Penta-BDE mixture is listed as a chemical which is known to cause cancer. It is used as an additive flame retardant in several products, including flexible polyester foam materials in automotive seats, carpet padding, furniture and mattresses. It is also used in electrical and electronic equipment, including in electric toys.

California Proposition 65 is the “Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer ‘right-to-know’ law which was passed by Californian residents in November 1986. The law requires the state of California to maintain a list of chemicals known to cause cancer, birth defects and other reproductive harm. Currently, the list contains around 800 substances.

By adding penta-BDE mixture to the Prop 65, the OEHHA has placed two important provisions upon businesses working in California. Firstly, they must provide a clear and reasonable warning (a Prop 65 Warning) before knowingly and intentionally exposing anyone to penta-BDE mixture. This warning can be provided by a variety of means, such as by labelling a product. Businesses must comply with this provision by July 7, 2018.

Secondly, businesses must not knowingly discharge penta-BDE mixture into sources of drinking water. Businesses have until March 7, 2019 to comply with this requirement.

Businesses with less than 10 employees and government agencies are exempt from these two provisions. Businesses are also exempt from these provisions if the exposures create no significant risk of cancer.

California has restricted penta-BDE technical mixture in products since June 2006. By bringing penta-BDE mixture under the scope of Prop 65, California is strengthening its regulatory action on this flame retardant. Other US states regulating penta-BDE mixture include Hawaii, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington and Washington DC.

Stakeholders are now advised to ensure their products comply against the requirements for penta-BDE mixture under Prop 65.

SGS Prop 65 Services

With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services.

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full California Lists Penta-BDE Mixture Under Prop 65 SafeGuardS.

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For further information contact:

Hing Wo Tsang PH.D.

Global Information and Innovation Manager

Tel:(+852) 2774 7420



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