​What is California Proposition 65?
“Prop 65” is a piece of legislation approved by ballot initiative by California voters in November of 1986. Also known as the Safe Drinking Water and Toxic Enforcement Act, the original purpose of the law was to prevent the dumping of toxic chemicals in waterways. At the time, the list of known or suspected carcinogenic and reproductive toxins identified by the State of California numbered about three dozen. Today, however, this list, which is updated annually by the California Office of Environmental Health Hazard Assessment (OEHHA), contains more than 800 chemical substances.

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Why did my purchase arrive with a warning label?
While all of our products meet rigorous safety standards, this law requires that many kinds of consumer goods sold in California, including herbs/teas, must contain a label with language similar to the following: Warning: This product contains chemicals known to the State of California to cause cancer and birth defects or reproductive harm.

 

In California, this label is typically found on electrical components, luggage, flashlights, jewelry and glassware, to name just a few items — it’s even found on fresh fruits, vegetables and nuts. This warning is also required to be posted in hotels, restaurants, gas stations and other public places. We include the warning label on our products to remain fully compliant with this law because as a small business it is physically impossible and cost prohibitive to test products for 800 chemical substances, which often are naturally present in soil and water.

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Does this mean that the product is dangerous?
No, it does not. It just means that we have not tested for 800 chemicals. Although the intent of the warning label is to protect consumers, it does little to inform them. In other words, the law requires the inclusion of this label even though it says nothing about the actual safety of the product itself or what, if any, harmful substance is present and in what amount. In addition, the “safe harbor” of acceptable levels for certain substances set forth in Proposition 65 are often significantly lower than federal or international standards. Not only are these levels nearly impossible to detect with routine testing, but their inclusion is usually the result of naturally occurring processes.

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What kinds of chemicals are we talking about?
While the list of offending chemicals is extensive, the majority are understandable. Some, however, are naturally occurring substances that have increased in volume due to human activities. For example, arsenic is a deadly poison, but is also a trace element found in low concentrations in soil, air and water. Some comes from volcanic ash, but most environmental arsenic persists as the direct result of burning fossil fuels.

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Another example is lead. In the U.S., lead exists in virtually all soil at an average of 16 parts per million (ppm). Due to the extensive use of lead-containing paints, fuels and other products in previous decades, low-level lead concentration in soil is now considered to be 500 ppm and 1,000 ppm at the high end. A small amount of this lead is absorbed by plants. For dietary supplements, including herbs, the safety standard set by the U.S. Food and Safety Administration (FDA) for lead is 10 ppm. The Proposition 65 standard is 0.5 micrograms per day – almost 1,000 times lower than the level at which the FDA deems a potential health risk. 

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What does it mean to me, the Consumer?

Although the spirit of the law is intended to ensure public safety, the way it is currently implemented undermines consumer confidence and makes companies in the natural products industry, including farmers, responsible for environmental pollutants caused by other. It also places the burden of proof relating to the safety of any product on companies who are forced to demonstrate that a warning label is not necessary. Finally, because enforcement of Prop 65 is conducted via civil litigation, the law, as written, triggers frivolous lawsuits that are difficult, if not impossible, to defend against.

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What is our Farm's guarantee to you?

We strive to use sustainable and organic practices. We DO NOT apply any harmful chemicals on our farm. We do not use lead or arsenic. We have bees, we CANNOT use any pesticides, insecticides, weedkillers and other harmful chemicals because they will kill the bees. The only "substance" we use for our lavender and other herbs is water. We ourselves eat from this land and our kids eat from this land.  We are required to put the warning label not because we have harmful chemicals in harmful concentrations but because we cannot run 800 chemicals tests to prove otherwise.

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