PROPOSITION 65:

Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, California Proposition 65 is a law, under various circumstances, requires warning to consumers in the State of California of the possibility of exposure to toxic chemicals.

Proposition 65 requires the State to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm. Currently, there are around 750 chemicals listed, with lead and cadmium being the primary chemicals of concern to decorators.  Prop 65 does not ban any product; it simply requires warnings. Prop 65 applies only in California, and covers all products that make their way to consumers in the state.

SHEPENCO’S POSITION

It is the opinion of our corporation that our products meet worldwide recognized safety standards.  A pencil “lead” is not made of lead.  The primary components are graphite, wax and either clay or polymer.  By US Government law, since 1968 pencil lacquers and imprinting inks cannot contain lead. 

Pen and component vendors are required by SHEPENCO to comply with ASTM standard D-4236-92.  Pencil and pencil component vendors are required by SHEPENCO to comply with ASTM and or Pencil Manufacturing Association standards for safety.  Through random testing by independent laboratories on products submitted, it has been determined that the items tested will not pose chronic adverse health affects in humans when used as intended.

CALIFORNIA PROPOSITION 65 (“Prop 65”) COMPLIANCE

Proposition 65 requires businesses to notify Californians about significant amounts of these listed chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. Proposition 65 is enforced exclusively through lawsuits.  With respect to certain products, such as decorated glass and beverage ware, past settlements have set out required testing method, limits for lead and cadmium leaching, and the warning requirements for articles that exceed the limits.

Accordingly, if Buyer and/or Distributor fail to provide SHEPENCO advance written notice that the SHEPENCO good or  products provided to Buyer and/or  Distributor will be sold or otherwise provided to consumers in the State of California, Buyer and/or Distributor will indemnify and defend and hold harmless SHEPENCO, its agents, employees, representatives and affiliated companies, from and against and all claims (including, without limitation, claims for violation of Proposition 65, personal injury and property damage), and from all other costs, liabilities, damages and expenses (including, without limitation, attorneys fees, costs and associated litigation expenses on account there of or related to the enforcement of this provision) relating to, resulting from, connected with or arising out of goods or products provided to Buyer and Distributor, by SHEPENCO, to the maximum extent permitted by law.

Any order placed with or received from SHEPENCO, including but not limited to orders placed via catalog, online, phone or mail, shall be deemed effective acceptance of these terms.

PROP 65 SURCHARGES:
To ensure compliance with Proposition 65, products that are intended to be sold or provided to consumers in the State of California must include a warning label, applied to each item.  Should the Buyer and/or Distributor desire or require this, add $0.12/each item (C).  The warning label will read as follows:

CALIFORNIA PROPOSITION 65 WARNING:  This product may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm may be present in products sold by Shelbyville Pencil Company (“SHEPENCO”).