Safe Harbor Assessment

Responding to a 60-Day Notice / Alleged CA Proposition 65 Violation

Navigating today’s retail landscape can be challenging when you consider all of the legal and industry requirements your products must meet, and the seriousness of the consequences that can be imposed as a result of non- compliance. California Proposition 65 can be a particularly tricky law when it comes to compliance. Does your product already have established analytical testing methods and/or limits? How do you ensure compliance if there aren’t any established methods/limits? How are you supposed to respond to a 60-Day Notice of Violation for your products to CA Prop 65?

It can be unsettling to not know answers to these questions, which is why Bureau Veritas is here to help.

BUREAU VERITAS SOLUTION
What is a Safe Harbor Assessment?
A Safe Harbor Assessment helps you to determine whether a chemical (or chemicals) of concern may be present in your product in concentrations that meet the Office of Environmental Health Hazard Assessment (OEHHA) California Environmental Protection Agency established safe harbor levels. With a Safe Harbor Assessment from Bureau Veritas, you will receive a third party exposure assessment performed by a board-certified toxicologist. This provides you with the data you need to perform due diligence either proactively or in response to a notice of alleged CA Prop 65 violation.

What are the key benefits?
• Avoid delays in product availability on the shelves
• Avoid potential recalls, fines and litigation for selling non-compliant product
• Avoid negative press that could possibly tarnish your brand image
• Establish compliance and avoid any labeling that could create a competitive disadvantage for your products

OUR APPROACH
With Bureau Veritas’ knowledge and years of testing experience, and in partnership with board- certified toxicologists, we are able to work closely with our clients to establish product exposure scenarios that will allow us to determine whether or not your product falls within established safe harbor limits. Some of the factors that we consider for the exposure scenario are the product’s intended use, life expectancy of the product, and concentration of the chemical(s) of concern. In situations where concentrations are unknown, we are also able to use chemical analysis in order to determine the total presence of chemical(s) of concern.

Once the exposure scenario has been developed, we work in conjunction with board-certified toxicologists to perform the Safe Harbor Assessment. When the Safe Harbor Assessment is complete, you will be given a report that is presented in a format directly accepted by the Office of Environmental Health Hazard Assessment (OEHHA).

Bureau Veritas has performed Safe Harbor Assessments for a variety of products, including, but not limited to, the following:
• Children’s products
• Plastic products
• Craft products
• Consumer product labels
• Kitchenware
• Manufacturing processing material
• Metal products

FAQ - Frequently Asked Questions
I received a notice of alleged violation of CA Prop 65 for my product(s) – what are my options?
You do have several options, although they may be undesirable. You can pull your product from the shelves, place labeling on your product (as allowed by law), destroy existing product, or, have a Safe Harbor Assessment performed and, hopefully, continue to sell your product unhindered.

How long does this process take?
The Safe Harbor Assessment typically takes 10 business days once all the information has been gathered for the exposure scenario. We do have some flexibility for faster turnaround times, and this timeline can be discussed with the engineering staff who will be handling your project.

What do I do with the assessment once it is done?
The Safe Harbor Assessment report is presented in a format that is accepted by the OEHHA. All you would need to do is provide them a copy of the assessment in order to demonstrate compliance to their established safe harbor levels.

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