Chemical Compliance
California Prop 65 and EU RoHS: What an Inspector Can Check and What Needs a Lab
Many buyers new to China sourcing expect a product inspection to confirm chemical compliance. It cannot. California's Proposition 65 and the EU RoHS Directive are about substances measured in parts per million, and proving compliance takes accredited laboratory testing. But an inspector can do several things that make the lab results meaningful and catch the problems that labs never see. This guide explains where the line falls.
- What Prop 65 and RoHS require, in brief
- What an inspector can check or screen on site
- What only a laboratory can test
- How to combine inspection and testing at reasonable cost
The Rules in Brief
California Proposition 65 requires businesses to give a clear and reasonable warning before exposing people in California to listed chemicals that cause cancer or reproductive harm, unless the exposure is below a safe harbour level. Lead, cadmium and several phthalates are among the listed chemicals commonly found in consumer products. The law is enforced not only by public prosecutors but also by private enforcers, who start by sending a 60-day notice of violation. Thousands of such notices are issued each year.
Prop 65 warning rules changed recently. Amendments in effect since January 1, 2025 require the short-form warning to name at least one listed chemical, with a transition period until January 1, 2028. Products manufactured and labelled with the earlier short-form warning before that date can continue to be sold.
The EU RoHS Directive (2011/65/EU, as amended by Delegated Directive (EU) 2015/863) restricts ten substances in electrical and electronic equipment: lead, mercury, hexavalent chromium, the flame retardants PBB and PBDE, and four phthalates (DEHP, BBP, DBP and DIBP) at 0.1% by weight in each homogeneous material, and cadmium at 0.01%. Exemptions apply to some uses.
This guide is general information, not legal advice. Whether a warning is needed for a specific product is a legal question; discuss it with your compliance adviser.
What an Inspector Can Do On Site
- Check Prop 65 warnings. Where the buyer has decided a warning is needed, the inspector checks that it is on the product or packaging as specified: the correct wording, the named chemical, the warning symbol where required, legibility and placement. A missing or outdated warning is a labelling defect that is easy to find on site.
- Screen with handheld XRF. An XRF analyser can measure elements such as lead, cadmium, mercury, chromium and bromine in coatings, plastics and metals within seconds. It is a fast way to spot a high-risk material. Its limits are important: it measures total chromium, not hexavalent chromium, and total bromine, not whether it comes from PBB or PBDE. It cannot detect phthalates at all.
- Check material consistency. Colours, coatings, plastics and components are compared with the samples that were tested. A lab report only describes what was tested. A new paint supplier or a different cable, as described in our guide to quality fade, can make the report irrelevant.
- Review documents. Test reports and declarations are checked for model, material and date, so you know whether they actually cover this order.
- Select and seal samples. The inspector picks production samples at random from the packed goods, seals them and sends them to the lab you choose, so the factory does not choose what is tested.
What Must Go to a Laboratory
| Question | On site | Laboratory |
|---|---|---|
| Lead, cadmium, mercury | XRF screening of coatings, plastics and metals | Confirmed by accredited test methods |
| Hexavalent chromium | XRF shows total chromium only | Specific test for hexavalent chromium |
| PBB and PBDE flame retardants | XRF shows total bromine only | Identification and quantity of the specific compounds |
| Phthalates | Not detectable on site | Chemical analysis |
| Prop 65 warning | Wording, chemical named, symbol, placement, legibility | Exposure assessment, if deciding whether a warning is needed |
| Same as tested? | Materials and colours compared with tested samples; sealed sampling | Tests the samples it receives |
A Practical Approach
Testing every component of every order is expensive. A risk-based approach usually makes more sense:
- Test the materials and colours most likely to contain restricted substances, such as coatings, PVC, cables, solder and plastics in contact with skin.
- Test again when a material, colour or supplier changes, which the inspection can detect.
- Use XRF screening at inspection to decide which samples to send, and lab tests to confirm.
- Check warnings and markings in every pre-shipment inspection, since they are cheap to check and expensive to get wrong.
Similar thinking applies to other products where chemistry matters; see our guides to food contact products, toys and electrical products. SSTI can check warnings, screen materials and select sealed samples as part of a product inspection.
Need chemical compliance you can rely on?
SSTI checks warnings, screens materials and selects sealed production samples for your laboratory.
Talk to SSTI