Known to the State

‘Known to the state’ is the standard under Proposition 65 (Health & Safety Code §25249.8) for chemicals that have been officially listed as causing cancer or reproductive harm. A chemical is ‘known to the state’ to cause cancer or reproductive toxicity when OEHHA has officially listed it on the Proposition 65 chemical list through one of the approved listing mechanisms (CIC/DARTIC determination, authoritative body listing, Labor Code listing, or regulatory listing). This specific legal phrase distinguishes chemicals that trigger Proposition 65 obligations from chemicals that are merely suspected of causing harm. Once a chemical is ‘known to the state,’ the warning and discharge prohibitions apply.

California Health & Safety Code §25249.8 (listing mechanisms and ‘known to the state’ standard).

The ‘known to the state’ standard is important because it clarifies that a chemical does not trigger Proposition 65 obligations merely because scientific studies suggest it may be hazardous. The chemical must be formally listed by OEHHA. Businesses should therefore focus Proposition 65 compliance efforts specifically on the OEHHA-listed chemicals applicable to their products, rather than all potentially hazardous substances. Monitoring the official OEHHA Proposition 65 list for new additions is the critical compliance activity.