New California Proposition 65 Settlement
Regarding Lead in Bicycles and Accessories
Under California’s Proposition 65, product requirements are established based
on settlements resulting from litigation brought forward by individuals or groups
challenging the safety of chemical levels in particular products. Numerous
judgments are filed in California each year, making it challenging for retailers and
manufacturers to keep up-to-date.
One recent settlement regarding lead in sports equipment calls for the
reformulation of bicycles, bicycle accessories and protective products. For
assistance with updating requirements for your products for this or other
settlements, please contact us directly.
SETTLEMENT HIGHLIGHTS
Highlights under the terms of the settlement for covered products, such as plastic components and
painted components of bicycles and/or bicycle accessory products include specific reformulation
requirements as follows:
(A) The surface contact layer of plastic components shall have lead content by weight as follows:
i) For grips:
a) no more than 0.03% (300 ppm) for grips on bicycles having wheels that measure over 20
inches in diameter;
b) no more than 0.003% (30 ppm) for grips on bicycles having wheels that measure 20 inches
or less in diameter.
ii) For clothing which is a bicycle accessory product (including bicycle-related protective gear,
gloves, and shoes):
a) no more than 0.03% (300 ppm) for the thermoplastic/plastic elements if the clothing item in
question is (1) not marketed for use by children 6 years of age or under, and (2) has less than
65% of the surface area of the surface contact area comprised of plastic/thermoplastic;
b) no more than 0.003% (30 ppm) for the thermoplastic/plastic elements used on clothing if
the clothing item in question is (1) marketed for use by children 6 years of age or under, or (2)
has 65% or more of the surface area of the surface contact area comprised of
plastic/thermoplastic.
iii) For all other plastic components, no more than 0.03% (300 ppm).
(B) The outer surface contact layer of painted components shall have a lead content by weight of
no more than 0.06% (600 ppm), and a cadmium content by weight of no more than 0.48%
(4800 ppm).
Please see reverse side for additional information under the settlement.
November 2007 07B-166
Overview of the Settlement, Continued
ADDITIONAL RESOURCES
Covered products which are bicycle accessory products, but are
not replacement parts or handlebar tape, handles/grips, tools, or
clothing, may continue to be offered for sale in California without
meeting the reformulation requirements if they are accompanied
by a warning as below:
California Office of Environmental Health
Hazards Assessment (OEHHA)
http://www.oehha.ca.gov
Prop65 News & Chemical List
http://www.prop65news.com/
WARNING: This product contains chemicals, including lead,
known to the state of California to cause birth defects or other
reproductive harm. Wash hands after handling.
Prop 65 Summary
http://www.oehha.ca.gov/prop65/background
Litigation Summary
http://www.calprop65.com
WARNING: Handling this product will expose you to chemicals,
including lead, known to the state of California to cause birth
defects or other reproductive harm. Wash hands after handling.
Bicycle accessory products include but are not limited to:
Auto racks
Bags/baskets
Bells/horns
BMX pads/pegs
Computers for
bicycles
Fenders
Helmets
Kickstands
Lights
Locks
Mirrors
Mounted racks
Protective
gear which is
not clothing
Protectors/reflectors
Pumps
Repair stands
Storage racks
Trainers and
training wheels
Water bottles,
water and bottle
cage/hydro packs
ABOUT PROPOSITION 65
Proposition 65, formally known as the Safe
Drinking Water and Toxic Enforcement Act,
was enacted in California in 1986. This Act
requires that anyone in the course of doing
business in the state who exposes an
individual to a chemical “known to the state”
to cause cancer or reproductive toxicity must
first give a “clear and reasonable” warning.
Our Approach to Assisting You with Proposition 65
By monitoring Proposition 65 actions and settlements, we help
retailers and manufacturers take a proactive and comprehensive
approach to compliance. We assist our clients in determining if
chemicals listed under Proposition 65 are present in their products
as well as identifying exposure routes and assessing the risk levels
in items. We then help our clients to build in the appropriate
requirements into their testing and quality assurance programs on
an ongoing basis. Our services include:
Currently over 740 chemicals are listed by
the State of California as known carcinogens
or reproductive toxins, and lead is one such
chemical. The Act affects all products sold or
distributed in California with fines of up to
$2,500 per violation per day.
• Analytical Testing Services: Identifies levels of listed Proposition
65 substances in a product and testing to current consent
decrees.
• Design Evaluations: Reviews product construction and/or
formulations with possible recommendations.
• Technical Opinion Letters: Evaluates your formulation against
the current list of Proposition 65 chemicals.
CONTACT INFORMATION
Please contact your local customer service
representative or the Bureau Veritas office in:
Americas: [email protected]
Please call your program manager or contact our nearest location
to discuss how we can help you. For more information on
Europe: [email protected]
Proposition 65 and how Bureau Veritas can help you, visit:
Asia: [email protected]
http://tinyurl.com/24potd
Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It
does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive,
consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
Copyright © 2007 Bureau Veritas Consumer Products Services, Inc. All Rights Reserved.
Bureau Veritas Consumer Products Services
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www.cps.bureauveritas.com