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Calif Artificial Turf Installer – FAQs regarding Prop 65 and Synthetic Grass

Q – You currently have inventory and you think or are positive that it contains lead.

  • Consider getting a total lead test from a California Certified Testing Lab to verify the lead content and keep the reports on record – most labs will do this, confidentially, for under $100 and it requires very few fibers. If your products remain the same, consistent formulation, retesting materials should be done, intermittently, to insure your products will continue to meet or exceed safe harbor limits
  • You can request to return the materials under the terms and conditions set forth in your agreements with your materials supplier.
  • You can sell it in the State of California as long as you post and disclose the above warning IF the total lead content or wipe test results exceed, approximately 100ppm. If the results of a total lead test are 100ppm or lower, you know your products will meet safe harbor limits here in California and no further disclosure is required.
  • You can sell the materials outside the state.

Q – You want to specify and/or purchase and import artificial grass or synthetic turf to use, resell and install in California

  • To avoid any possible notices of violation, specify fibers that will not exceed the safe harbor provision of California’s Proposition 65 Daily Exposure limits (1/2 microgram per day – approximately 100ppm)
  • You should request a Total Lead Content Test be completed by a California Certified Testing Lab for verification and proof of documentation to be delivered with your materials order (tests are relevant only to the materials tested) – if the Total Lead Content exceeds 100ppm, you should also request a wipe test, for your records, if the materials are installed and used in the state.
  • Ask that these tests are provided to you for every dye lot, color and resin type of fiber present in your finished surface materials. If the formulation of the products do not change, a set of test results for a product specification, kept on file, should be adequate, for product styles that are consistent. All special orders for yarns should include a Total Lead Content test, per dye lot, as well. If you handle materials that exceed the safe harbor number, regardless of your company’s size, a WARNING is required to be posted and disclosed to all employees. OSHA safety standards (OSHA and any CDC Health and Safety Alerts DO Apply).Review the recently released CDC: Health Alert here.

———– Directly from Office of Environmental Health Hazard Assessment (OEHHA) ————-

Q: I recently bought a product that came with a Proposition 65 warning.


How do I find out more about the warning and the chemicals in the product?

A: Businesses are not required to provide OEHHA with any information regarding their Proposition 65 warnings. To receive more information about the chemicals of concern and the levels of exposure related to a particular product’s use, one should contact the manufacturer of the product. The decision to provide a Proposition 65 warning is made by the respective business based upon its knowledge of the types of chemical exposures it is responsible for causing to individuals. A business is not required to notify our office or any other regulatory agency when it decides to provide a warning.

Because we do not know why a business has chosen to provide a warning, we generally cannot respond to specific questions regarding the safety of a product’s use, why a warning is being given, for which listed chemical the warning is being given, how long the chemical exposures have been occurring, and at what level a chemical exposure is occurring. The responses to these exposure questions should be obtained from the business.

The list of chemicals subject to Proposition 65 is available at http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html.

Q. Are any businesses exempt from Proposition 65?

A. Yes. Small businesses with less than 10 employees, governmental agencies, and public water systems are exempt from the warning requirement and discharge prohibition of Proposition 65.  This is addressed in the definition for “person in the course of doing business” in section 25249.11(b) of the Health and Safety Code, which states, “‘Person in the course of doing business’ does not include any person employing fewer than 10 employees in his or her business; any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; or any entity in its operation of a public water system as defined in Section 4010.1.”

Q: Are governmental agencies exempt from the disclosure requirement under Proposition 65?

A: No. Designated governmental employees, as the term is used in Government Code Section 82019, are required to disclose illegal and threatened illegal discharges of hazardous waste to the local Board of Supervisors and the local health officer. Additional information about the disclosure requirement is available in a fact sheet at http://www.oehha.ca.gov/prop65/background/P65Facts.html .

Q: As a business, how do I know if I need to provide a Proposition 65 warning?

A: The statute states that “no person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state (California) to cause cancer or reproductive toxicity without first giving a clear and reasonable warning…” Based upon your knowledge of your business operations and chemicals used, you should review the Proposition 65 list at http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html and determine which chemicals would likely be involved in exposures to individuals.

OEHHA has established safe harbor levels (levels of exposure that trigger the warning requirement) for some, but not all, listed chemicals. Businesses that cause exposures greater than the safe harbor level must provide Proposition 65 warnings. These safe harbor levels are available in the February 2008 Status Report available at http://www.oehha.ca.gov/prop65/pdf/Feb2008StatusRpt.pdf . Over time, we expect to adopt additional safe harbor numbers as explained in the report.

[* For lead, the target safe harbor daily exposure level for ALL exposure risk is 1/2 microgram per day.]

If there is no safe harbor level for a chemical, businesses that knowingly expose individuals to that chemical would generally be required to provide a Proposition 65 warning, unless the business could show that risks of cancer or reproductive harm resulting from the exposure would be below levels specified in Proposition 65 and its accompanying regulations. Determining health risks is very complex, and we recommend that businesses consult a qualified professional if they believe an exposure to a listed chemical may not require a Proposition 65 warning.

Q: Can you send me the Proposition 65 signs that businesses are required to post?

A: We do not have Proposition 65 warning signs. Businesses are responsible for providing clear and reasonable warnings. The form, content and suggested language for some Proposition 65 warnings can be found in regulation in Title 27, Cal. Code of Regulations, Section 25601 ( http://www.oehha.ca.gov/prop65/law/pdf_zip/RegsArt6.pdf ).

Q. What is the acceptable concentration in my product for chemicals listed under Proposition 65*?

A. Under Proposition 65, there are no acceptable concentrations established for any listed chemical in any given product. An exposure that causes a significant risk of harm from a listed chemical through the use of a product would trigger the warning requirement, not merely the fact that a listed chemical is present in a product. The concentration of a listed chemical would certainly factor into the level of exposure that would result from an individual using a given product. But concentration alone is not sufficient to determine if warnings are required.

———- to continue to investigate this subject on your own – follow these links ————–

ASGI Members Only Conf Call – July 31 – Lead in Fibers

STC: Industry Statement to Voluntarily Lower Lead Level Standards -
are they low enough?

EPA : http://www.epa.gov

CDC: http://www.cdc.gov

CDC: Health Alert

CPSC: http://www.cpsc.gov

Proposition 65 – general information in layman’s terms

Prop65 Clearinghouse and Links for Legal, forms, etc

Calif AG’s Prop 65 – Enforcement Site - locate current information on any notices of violation posted there

Dept of Justice – Calif: http://www.doj.ca.gov

———————————————————————-

Proposition 65 NOTICES:

Notice One Served: 5-15-2008
60 Day Deadline: July 15, 2008
PDF of notice online at:

http://proposition65.doj.ca.gov/PDF/2008/2008-00204.pdf

Noticing Party: Center for Environmental Health – http://www.cehca.org
Alleged Violators: Beaulieu Group, LLC; Beaulieu of America, Inc.; C&M Holding, Inc.; Home Depot USA, Inc.; Home Depot, Inc.
Chemical: Lead and lead compounds
Source: Artificial Turf

Notice Two Served: 6-23-2008
60 Day Deadline: August 23, 2008
PDF of notice online at:

http://proposition65.doj.ca.gov/PDF/2008/2008-00289.pdf

Noticing Party: Center for Environmental Health – http://www.cehca.org
Alleged Violators: Ace Hardware Corporation; Astro Turf, LLC; Atlas Carpet Mills, Inc.; Best Turf for Less, Inc.; Crystal Products, Inc.; ForeverLawn, Inc.; Habitat International, Inc.; Lowe’s Companies, Inc.; Newgrass, LLC; Orchard Supply Hardware Corporation; ProGreen International, Inc.; Shaw Industries, Inc.; Synthetic Turf International, LLC; Turf Headquarters; U.S. Turf Company, LLC
Chemical: Lead
Source: Artificial Turf

CDC Recommendations on Testing:

Lead Testing of Artificial Turf Fields
Facility managers who choose to have the turf at a field tested for lead should contact their local or state department of health and/or environment about appropriate sample collection and analytic methods. CDC and ATSDR recommend using appropriate U.S. Environmental Protection Agency, National Institute for Occupational Safety and Health, or American Society for Testing and Materials methods.

Additional Information
For additional information about testing, dust suppression measures, and other topics related to NJDHSS’s work to address lead in artificial turf visit NJDHSS’s artificial turf website at
http://www.state.nj.us/health /artificialturf/index.shtml.

For a list of state health departments, visit the Association of State and Territorial Health Officers (ASTHO) site at
http://www.astho.org/index.php?template=regional_links.php.

ASTHO also provides a list of state environmental health directors at: http://www.astho.org/index.php?template=enhancing_environmental_health_s.html.

DISCLAIMER:

This update is intended for informational purposes only and should not be used or construed to be legal advice. Opinions expressed here are those of the author and not necessarily those of other members, affiliates and subscribers.

If you feel you need advice, seek the services of an experienced attorney.

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