Prop 65 cadmium warning

When a Prop 65 warning for cadmium may be needed, and what the safe-harbor wording looks like

Direct answer. A Prop 65 warning for cadmium may be needed when a business knowingly and intentionally exposes a person to a listed cadmium chemical and no exemption in the statute applies. OEHHA’s cadmium page lists cadmium for reproductive toxicity: developmental toxicity and male reproductive toxicity, each with a date of listing of 05/01/1997 and a basis of the State’s Qualified Experts. That page’s note says ‘Cadmium and cadmium compounds’ is listed as known to the State to cause cancer, and that the NSRL of 0.05 µg/day (inhalation) is for cadmium. The cadmium and cadmium compounds page lists cancer, date of listing 10/01/1987, basis the State’s Qualified Experts, and repeats that the inhalation NSRL is for cadmium. The cadmium page publishes No Significant Risk Level (NSRL) — Inhalation: 0.05 µg/day, and Maximum Allowable Dose Level (MADL) — Oral: 4.1 µg/day. For any other route, see OEHHA. P65Warnings.ca.gov says cadmium and cadmium compounds are on the list because they can cause cancer, and that cadmium is on the list because it can cause birth defects or other reproductive harm. Because those are two listing names, the both-endpoints safe-harbor sentence in OEHHA’s final regulatory text for 27 CCR § 25603 names one or more chemicals for cancer and one or more for reproductive toxicity. This page does not decide that any product needs a warning. It is not legal advice.

Prop 65 Warning Manager (Shopify App Store · Write a review) displays California Prop 65 warnings on product pages. The listing says every warning needs merchant approval before it goes live, and that warnings are published from templates citing 27 CCR. The app does not decide whether an exposure requires a warning. This page is the cadmium listing and safe-harbor wording reading aid — not a determination for any SKU.

Related: CLPLens — Hazard pictograms on the product page, not only the parcel.

Free check first: Prop 65 warning question check runs in your browser and sends nothing. Describe a product and see which list names and 27 CCR warning rules to read.

Checklist before you treat cadmium as in or out of a warning

What the two OEHHA pages list

OEHHA’s cadmium page, as read for this guide, shows reproductive toxicity currently listed, as developmental toxicity and male reproductive toxicity, each dated 05/01/1997, basis the State’s Qualified Experts. Its safe-harbor lines are NSRL — Inhalation 0.05 µg/day and MADL — Oral 4.1 µg/day. Its note says ‘Cadmium and cadmium compounds’ is the cancer listing, and that the inhalation NSRL is for cadmium. The compounds page shows cancer currently listed, date of listing 10/01/1987, basis the State’s Qualified Experts, and the same inhalation note. OEHHA’s May 2001 oral-route MADL document says the maximum allowable daily level for cadmium exposure by the oral route is 4.1 µg/day, and that this level applies to the oral route. This page does not reprint a number for dermal exposure, food, or any route those pages do not print. See OEHHA.

The P65Warnings fact sheet says cadmium and cadmium compounds can cause cancer, including cancer of the lung and possibly the prostate and kidney, and that cadmium can cause birth defects or other reproductive harm, may harm a man’s reproductive system, and that exposure during pregnancy may affect a child’s development. Those are the endpoints that fact sheet states. They are not a finding that a particular SKU needs a warning.

Product contexts the warnings site names

The same fact sheet names contexts. It says rechargeable nickel-cadmium batteries, labeled NiCd or NiCad, contain cadmium and are used to power products such as cameras, cell phones, and electric cars. It says some inexpensive metal jewelry, such as charms intended for children, can cause exposure by touching and mouthing the jewelry. It says cadmium can be released into food and beverages from some bright red, yellow, and orange pigments used in decorative paints on some glassware, tableware, and pottery. It also says cigarette and other tobacco smoke is the most common way people are exposed. Those are the contexts that page names. This page does not add ceramics, or any product the fact sheet or the OEHHA cadmium pages do not name.

Safe-harbor wording in §§ 25601–25603

Section 25601 is the clear-and-reasonable frame. OEHHA’s final regulatory text says that where a warning is provided for more than one endpoint (cancer and reproductive toxicity), the warning must include the name of one or more chemicals for each endpoint, unless the named chemical is listed as known to cause both cancer and reproductive toxicity and has been so identified in the warning. Section 25602 is the method of transmission. Section 25603 is the content. The long-form consumer-product warning in that text includes the warning symbol, the word “WARNING:” or the words “CA WARNING:” or “CALIFORNIA WARNING:”, and an endpoint sentence. For a listed carcinogen, the words are: “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.” For a listed reproductive toxicant: “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.” For both endpoints: “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.” The brackets are the regulation’s placeholders. Subsection (D) of that paragraph is a separate sentence, for a chemical that is itself listed as both a carcinogen and a reproductive toxicant: “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.” Subsection (E) says that where the warning is for a single chemical, the words “chemicals including” may be deleted from subsections (A), (B), and (D). It does not name subsection (C). Confirm the live chemical pages before you treat one name as covering both endpoints.

Short-form content is the short-form warning. Lead is a different listing: Prop 65 lead warning. Bisphenol A is a different listing: Prop 65 BPA warning. For internet purchases and catalog purchases, the warning has to reach the purchaser before the purchase is completed. Read the method on Prop 65 warning examples. This page does not restate that method.

What this page is not

Related pages

Not legal advice. Confirm the OEHHA cadmium pages, P65Warnings.ca.gov, Health and Safety Code §§ 25249.6 and 25249.10, and 27 CCR §§ 25601–25603 before you treat a cadmium exposure as in or out of a warning. The app displays warning content you approve.