California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65 (“Prop. 65”), requires that all companies selling or distributing consumer products into California inform consumers if those products could cause exposure to chemicals listed by the state of California as carcinogens or reproductive toxicants. While Prop. 65 has been in effect for decades, recent regulatory changes have resulted in a broader application of the statute’s warning requirements.
Tuffaloy does not believe that, when used as intended, our products will result in an exposure to a listed-substance above the safe harbor levels established by the State of California. However, recognizing that our products may be used in variety of ways and in an abundance of caution, Tuffaloy will begin placing a short-form Prop. 65 warning on the labels of products that contain listed Prop. 65 substances. Tuffaloy is providing these warning based on the knowledge of the presence of one or more listed chemicals without evaluating the level of exposure, as not all listed chemicals have an established exposure limit. A Prop. 65 warning does not mean that a product is in violation of any product safety standards or requirements—the State of California has explained that these mandated warnings are “not the same as a regulatory decision that product is ‘safe’ or ‘unsafe.’”
The alloyed copper, brass, steel, stainless-steel and nickel coatings that Tuffaloy uses to manufacture our products may contain lead, beryllium, nickel, cobalt and other elements listed under Prop. 65. The alloys we use in our manufacturing process are not themselves listed pursuant to Prop. 65; however, individual chemicals alloyed into and fully encapsulated in the metals are listed. Although these substances may only be present in trace amounts, the presence of these materials can trigger Prop. 65’s warning requirements and even substantial penalties for failure to comply. The warning below will appear on all Tuffaloy and CMW packaging labels for products that contain listed Prop. 65 substances. In addition to on-product warnings, our webpages will also carry the same warnings so that consumers in California can see the warnings prior to purchase.
For reference, the table below shows the list of the standard metals used in our production process and the associated Prop. 65 chemicals listed in the chemical composition of the alloy.
|Generic Name||CDA No.||Prop 65 Chemical|
|RWMA Class 2||C18200||Lead|
|RWMA Class 3||C18000||Nickel|
|RWMA Class 3||C17510||Beryllium|