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California Proposition 65 : ウィキペディア英語版
California Proposition 65 (1986)

Proposition 65 (formally titled "The Safe Drinking Water and Toxic Enforcement Act of 1986") is a California law passed by direct voter initiative in 1986 by a 63%-37% vote. Its goals are to protect drinking water sources from toxic substances that may cause cancer and birth defects and to reduce or eliminate exposures to those chemicals generally, for example in consumer products, by requiring warnings in advance of those exposures.
Proposition 65 is administered by Cal/EPA's California Office of Environmental Health Hazard Assessment (OEHHA). Proposition 65 regulates substances officially listed by California as having a 1 in 100,000 chance of causing cancer over a 70-year period or birth defects or other reproductive harm in two ways. The first statutory requirement of Proposition 65 prohibits businesses from knowingly discharging listed substances into drinking water sources, or onto land where the substances can pass into drinking water sources. The second prohibits businesses from knowingly exposing individuals to listed substances without providing a clear and reasonable warning.
An official list of substances covered by Proposition 65 is maintained and made publicly available. Chemicals are added to or removed from the official list based on California's analysis of current scientific information. All substances listed show their known risk factors, a unique CAS chemical classification number, the date they were listed, and, if so, whether they have been delisted.〔OEHHA list of substances as of January, 2015 http://oehha.ca.gov/prop65/prop65_list/files/P65single012315.pdf〕
Proposition 65 remains politically controversial even after 25 years, in large part because, in effect, it puts the burden of proof on business instead of government to make a key scientific determination about safety levels for specific toxic chemicals that the businesses are knowingly exposing members of the public to.〔If a "no significant effect" level has been established for a cancer-causing chemical listed under Prop. 65, then no warning is required as long as the actual exposure is below that level. But it is up to the business causing the exposure to know what that level is, and to do the scientific analysis if government has not already done so.〕 According to the California Environmental Protection Agency, "Proposition 65 has... increased public awareness about the adverse effects of exposures to listed chemicals.... () provided an incentive for manufacturers to remove listed chemicals from their products.... Although Proposition 65 has benefited Californians, it has come at a cost for companies doing business in the state."〔(Proposition 65 FAQ ) ''California Environmental Protection Agency'' Accessed 25 October 2012〕 The law has also been criticized for the proliferation of "bounty hunter" lawsuits. Attorneys have collected more than two-thirds of the money paid by businesses to settle Proposition 65 lawsuits since 2000.〔() ''Orange County Register'' Accessed 15 September 2015〕〔http://www.ocregister.com/articles/businesses-681758-prop-state.html〕
Proposition 65's effectiveness also remains controversial, with some pointing out the lack of any studies suggesting a decrease in cancer rates in the state.〔(【引用サイトリンク】url=http://online.wsj.com/news/articles/SB10001424052702303848104579308393984123358 )
== Rationale and enumerated rights ==
In addition to amending the California Health and Safety Code, Proposition 65 contained the following language in the 1986 ballot initiative:〔Prop. 65 (ballot pamphlet full text ) from (Hastings' California Ballot Measures Databases )〕

SECTION 1. The people of California find that hazardous chemicals pose a serious potential threat to their health and well-being, that state government agencies have failed to provide them with adequate protection, and that these failures have been serious enough to lead to investigations by federal agencies of the administration of California's toxic protection programs. The people therefore declare their rights:
(a) To protect themselves and the water they drink against chemicals that cause cancer, birth defects, or other reproductive harm.
(b) To be informed about exposures to chemicals that cause cancer, birth defects, or other reproductive harm.
(c) To secure strict enforcement of the laws controlling hazardous chemicals and deter actions that threaten public health and safety.
(d) To shift the cost of hazardous waste cleanups more onto offenders and less onto law-abiding citizens.
The people hereby enact the provisions of this initiative in furtherance of their rights.

The Legislature's 2003 amendments to Proposition 65 contained the statement that the changes "further the purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986."

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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