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as Proposition 65 or Prop 65. The purpose of Proposition 65 is to ensure that people are
informed about exposure to chemicals known by the State of California to cause cancer, birth
defects and/or other reproductive harm. A company with ten or more employees that operates
within the State of California (or sells products in California) must comply with the
requirements of Proposition 65. To comply, businesses are: (1) prohibited from knowingly
discharging listed chemicals into sources of drinking water; and (2) required to provide a "clear
and reasonable" warning before knowingly and intentionally exposing anyone to a listed
chemical. Proposition 65 mandates that the Governor of California maintain and publish a list of
chemicals that are known to cause cancer, birth defects and/or other reproductive harm.
The
Prop 65 list
, which must be updated annually, includes over 1,000 chemicals, including
many that are commonly used in the electronics industry.
Although our manufacturing process is "lead-free" and RoHS compliant, it remains possible that
trace amounts of lead could be found in components or subassemblies of Ambient Weather
Products. Bisphenol A (BPSA) could conceivably be present in minute amounts in our plastic
housings, lenses, labels, or adhesives, and DEHP & DINP (phthalates) could possibly be found in
PVC wire coatings of our cables, housings, and power cords. Unlike RoHS, Prop 65 does not
establish a specific threshold for reporting on the substances of concern and instead sets forth a
much less definitive standard requiring that the business demonstrate with certainty that there
is "no significant risk" resulting from exposure. With respect to carcinogens, the "no significant
risk" level is defined as the level which is calculated to result in not more than one excess case of
cancer in 100,000 individuals exposed over a 70-year lifetime. In other words, if you are exposed
to the chemical in question at this level every day for 70 years, theoretically, it will increase your
chances of getting cancer by no more than 1 case in 100,000 individuals so exposed. With
respect to reproductive toxicants, the "no significant risk" level is defined as the level of
exposure which, even if multiplied by 1,000, will not produce birth defects or other reproductive
harm. In other words, the level of exposure is below the "no observable effect level," divided by
1,000. (The "no observable effect level" is the highest dose level which has not been associated
with observable reproductive harm in humans or test animals.) Proposition 65 does not clarify
whether exposure is to be measured only in normal operation, or in the event of misuse such as
intentionally damaging, incinerating or consuming an Ambient Weather Product or component
and Ambient Weather has not attempted to evaluate the level of exposure.
A Proposition 65 warning means one of two things: (1) the business has evaluated the exposure
and has concluded that it exceeds the "no significant risk level"; or (2) the business has chosen
to provide a warning simply based on its knowledge about the presence of a listed chemical
without attempting to evaluate the exposure. The California government has itself clarified that
"The fact that a product bears a Proposition 65 warning does not mean by itself that the product
is unsafe." The government has also explained, "You could think of Proposition 65 more as a
'right to know' law than a pure product safety law."
While using Ambient Weather Products as intended, we believe any potential exposure
would be negligible or well within the "no significant risk" range. However, to ensure
compliance with California law and our customers' right to know, we have elected to place
the Proposition 65 warning signs on Ambient Weather Products.
For further information about California's Proposition 65, please
visit
https://oehha.ca.gov/prop65/background/p65plain.html