PROP 65 / CALIFORNIA

PROP 65

CALIFORNIA PROPOSITION 65 TOXIC ENFORCEMENT ACT FAQS

WHAT IS CALIFORNIA PROP 65 ?

California Proposition 65 Is A Law That Is Unique To The State Of California. Regulations Concerning The Law Are Processed Through The California Office Of Environmental Health Hazard Assessment (OEHHA), Which Maintains A List Of Chemicals That It Determines As ‘Known To The State Of California To Cause Cancer And/Or Reproductive Toxicity’.

Prop 65 Prohibits Anyone In The Course Of Doing Business In California Or Selling A Product To A Consumer In California To Knowingly And Intentionally Expose Any Individual To A Chemical, Even In Very Minimal Amounts, That The California OEHHA Has Added To The List, Without Giving A Warning.

Prop 65 Applies To Retail, Mail Order, And Internet Sales Of Products, Even If Sold Outside Of The State That

WHY DOES THE PRODUCT I’VE BOUGHT CONTAIN A WARNING ?

California Proposition 65 Entitles California Consumers To Special Warnings For Products That Contain Chemicals Determined By The State Of California To Cause Cancer And Birth Defects Or Other Reproductive Harm If Those Products Expose Consumers To Such Chemicals Above A Certain Level Set By California.

HOW DOES CA PROP 65 DIFFER FROM FEDERAL REGULATIONS UNDER THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA) ?

Unlike The Nationally Followed CPSIA Regulations, Prop 65 Does Not Ban The Presence Of The Listed Chemicals In Products, But Does Require A Warning Label Or Sign If The Product May Possibly Be Sold To A Consumer In California.

Proposition 65 Is Based Upon ‘Exposure’ To Chemicals Listed By OEHHA. Exposure Is Determined By The Chemical Level In Relation To How A Consumer Comes In Contact With The Substance And The Duration Of Contact.

Primarily, The Law Is A ‘Warning’ Statute, In Order For Individuals To Make An Informed Decision.

DOES CA PROP 65 APPLY TO ALL PRODUCTS ?

Yes, Prop 65 Applies To All Consumer Products, Both Children’s And Adult Products.

WHAT IS THE PURPOSE OF A PROPOSITION 65 WARNING ?

The Purpose Of Proposition 65 Is To Notify Consumers That They Are Being Exposed To Chemicals That Are Determined By California To Cause Cancer And/Or Reproductive Toxicity. Consumers Can Decide On Their Own If They Want To Purchase Or Use The Product. A Proposition 65 Warning Does Not Necessarily Mean A Product Is In Violation Of Any Product-Safety Standard, Law Or Regulation.

WHAT CHEMICALS ARE IDENTIFIED ON THE OEHHA LIST AND WHAT ARE SAFE HARBOR LEVELS, NO SIGNIFICANT RISK LEVELS AND MAXIMUM ALLOWABLE DOSE LEVELS ?

In 2015, Over 935 Chemicals Are On The OEHHA List.

Safe Harbor Levels, Which Include No Significant Risk Levels (NSRLs) For Cancer-Causing Chemicals And Maximum Allowable Dose Levels (MADLs) For Chemicals Causing Reproductive Toxicity, Are Levels Of Exposure That Trigger The Warning Requirement For Many Of The Listed Chemicals, As Determined By OEHHA. However, OEHHA Does Not Have Safe Harbor Levels For All Listed Chemicals. If There Is No Safe Harbor Level, Businesses That Expose Individuals To That Chemical Would Be Required To Provide A Proposition 65 Warning Unless The Business Can Demonstrate The Anticipated Exposure Level Will Not Pose A Significant Risk Of Cancer Or Reproductive Harm.

Determining Anticipated Levels Of Exposure To Listed Chemicals Can Be Very Complex. It Is Very Problematic And Costly To Try And Prove That The Presence Of A Listed Chemical Is What California Might Consider A No Significant Risk Level (NSRL) Or Maximum Allowable Dose Level (MADL).

IS THE PRODUCT SAFE ?

We Emphasize That A Proposition 65 Warning Does Not Necessarily Mean A Product Is In Violation Of Any Product-Safety Standards Or Requirements. All Maryjane Supply Company And Its Family Of Brands And Products Meet Federal Regulatory Standards. Some Products May Contain One Or More Listed Chemicals That, By California Standards May Present A Risk Of Cancer And/Or Reproductive Toxicity, If Exposure Levels To An Individual Are High. The Warning Is Provided To Allow Consumers To Assess Their Individual Risk.

WHAT ABOUT SIMILAR PRODUCTS WITH NO WARNING LABELS ?

You Can’t Assume That Products Without Warning Labels Are Chemical Free Or Exempt From The Prop 65 Warning Requirement. It’s Possible That The Product Isn’t Sold In California – The Only State That Requires This Warning Label. And Some Companies Only Put The Labels On Products That Will Be Sold In California, So You Won’t See Them Unless You Buy The Product There. Finally, Older Products Sold Prior To When The Labeling Requirement Went Into Effect, May Also Contain The Listed Chemical(S).

WHERE CAN I GET MORE INFORMATION ?

For General Information On A CA Prop 65 List Of Chemicals And Review FAQs From The California Regulatory OEHHA’s Website, Please Access: Http://Oehha.Ca.Gov/Prop65/P65faq.Html

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CALIFORNIA TRANSPARENCY ACT

Maryjane Supply Company And Its Family Of Brands, Condemns The Practices Of Human Trafficking And Slavery, And Prohibits These Activities From Having Any Place In Our Supply Chain.

Human Trafficking Is The "Recruitment, Transportation, Transfer, Harboring Or Receipt Of Persons, By Means Of The Threat Or Use Of Force Or Other Forms Of Coercion, Of Abduction, Of Fraud, Of Deception, Of The Abuse Of Power Or Of A Position Of Vulnerability Or Of The Giving Or Receiving Of Payments Or Benefits To Achieve The Consent Of A Person Having Control Over Another Person, For The Purpose Of Exploitation."

- Definition By The International Labor Organization Of The United Nations

The California Transparency In Supply Chains Act Of 2010 (The “Act”) Was Enacted Into Law In An Effort To Eradicate Human Trafficking And Slavery Worldwide. California Consumers Are Urging Companies To Provide Greater Transparency About Goods Brought To Market In Order To Make Responsible Purchasing Decisions. The Act Requires Large Retailers And Manufacturers To Disclose On Their Websites “Efforts To Eradicate Slavery And Human Trafficking From Their Direct Supply Chains”. Policies And Processes To Identify And Prevent Unethical Recruitment Of Workers And Promote Fair Treatment Of Employees In Product Supply Chains Is Vital To Overcome This Worldwide Labor Concern.

The Following Disclosure Statement Describes How We Oversee Our Supply Chains For Continued Compliance To Our Policies Against Slavery And Human Trafficking:

Maryjane Supply Company And Its Family Of Brands Have Implemented A Corporate Wide Social Responsibility Program To Ensure Ethical Business Principles And Policies, Based Upon Our Code Of Conduct, Direct All Sourcing Decisions. We Operate In Accordance With All Applicable Laws And Regulations, While Seeking To Improve Working Conditions And Safeguarding Human Rights Where Ever Our Apparel And Equipment Is Manufactured. Maryjane Supply Company’s Commitment Is To Not Work With Facilities That Engage In Human Trafficking And/Or Slavery, Considering It A Zero-Tolerance Violation. When Evaluating Vendor Performance, Social Responsibility Is As Important A Parameter As Quality, Value, And Delivery. Our Stakeholders, Including Customers, Employees, And The General Public Rely On Maryjane Supply Company To Demonstrate A Viable And Sustainable Social Compliance Program. We Take The Responsibility Seriously And Strictly Enforce Our Code Of Conduct.

HUMAN RIGHTS EXPECTATIONS VERIFICATION

Maryjane Supply Company Employs An Internal Audit Staff And Contracts With Independent Third-Party Monitors For Rigorous Social Compliance Audits Of All Factories, Usually On An Announced Basis. The Scope Of Audits Requires Factories To Provide Detailed Records Including Employment Recruitment Method, Age Verification, Payroll And Time Data, Worker Benefits, And Production Records To Validate Compliance. Confidential Worker Interviews Are Conducted To Ascertain The Employee’s Point Of View For Any Evidence Of Harassment Or Abuse, Compulsory Labor, Or Human Rights Concerns.

CERTIFICATION

A Company Vendor Manual, Outlining Policies, Specific Social Compliance Criteria, And Monitoring Expectations Is Issued To All Suppliers Annually. Supplier’s Signature, To Acknowledge, Accept And Adhere To Our Policies And To The Laws And Regulations In The Jurisdiction Where Products Are Manufactured, Is Mandatory.

INTERNAL ACCOUNTABILITY

Company Membership Utilizing The Collaborative Resources Of Fair Factories Clearinghouse (FFC) Is A Valuable Database Tool For Tracking And Analysis Of Compliance Efforts. Together With Other Textile Industry Leaders As Members, The FFC Is Dedicated To Improving Workplace Conditions Internationally. Additionally, Factory Ratings Established Within FFC Provide A Vital Control Point To Prevent Issuance Of Purchase Orders Unless Compliance Practice And Audit Result Are Found To Be At Acceptable Levels. Control Of This Internal Process Is Assigned To Our Compliance Manager To Assure Accountability And Prohibit Production At Unauthorized Factories.

TRAINING

Company Policy Requires Our Code Of Conduct To Be Prominently Displayed In All Factories, In The Local Language, For All Workers To View. We Encourage Suppliers To Attend Training Or Educational Events Which Promote Best Practices In Employment Methods And Social Responsibility. Our Internal Audit Team Will Train, Guide, And Recommend Solutions During Periodic Factory Assessments.

A HISTORY OF SOCIAL RESPONSIBILITY

Maryjane Supply Company And Its Family Of Brands Are Proud Of The History Behind Our Social Responsibility Program. Maryjane Supply Company And Its Family Of Brands Instituted A Code Of Conduct In 2017, With Continuous Monitoring Efforts Throughout Two Decades. Maryjane Supply Company Requires This Code Of Conduct To Be Actively Implemented By All The Factories We Contract. Dignity And Ethical Treatment Of All Factory Employees Who Manufacture Our Products Is The Core Objective. The Program’s Effectiveness Is Based On Vigilant Enforcement, Understanding Unique Factory Operations, And Encouraging Supplier Management To Enable Process Improvements Affecting The Worker’s Quality Of Life.

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