Cal. Codes » Health and Safety Code / DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS / CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986
California Codes

Cal. Health and Safety Code § 25249.5 (2026)

✓ current as of May 2026
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Prohibition On Contaminating Drinking Water With Chemicals Known to Cause Cancer or Reproductive Toxicity. No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water, notwithstanding any other provision or authorization of law except as provided in Section 25249.9.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1992–2025 · leading case: Shamsian v. Atl. Richfield Co., 2003 Cal. Daily Op. Serv. 3103 (Cal. Ct. App. 2003).
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Shamsian v. Atl. Richfield Co., 2003 Cal. Daily Op. Serv. 3103 (Cal. Ct. App. 2003). “7, subdivision (b)(1) establishes that any person who violates Health and Safety Code section 25249.5 shall be liable for a civil penalty not to exceed $2,500 per day for each violation.”
Blanks v. Seyfarth Shaw LLP, 171 Cal. App. 4th 336 (Cal. Ct. App. 2009). “) The plaintiffs alleged that the defendants violated the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq.”
Dow Agrosciences LLC v. Superior Court of Alameda Cnty., 224 Cal. Rptr. 3d 761 (Cal. Ct. App. 5th 2017). “INTRODUCTION This writ proceeding arises out of a dispute about the proper venue for trial of a cause of action for violating the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq.”
As You Sow v. Crawford Labs., Inc., 96 Cal. Daily Op. Serv. 8592 (Cal. Ct. App. 1996). “1 Health and Safety Code section 25249.5 et seq.”
S. California Gas Co. v. South Coast Air Quality Mgmt. Dist., 42 Envtl. L. Rep. (Envtl. Law Inst.) 20329 (Cal. Ct. App. 2011). “In Lungren, our Supreme Court evaluated what constitutes a “source of drinking water” within the meaning of Health and Safety Code section 25249.5. Health and Safety Code section 25249.”
People Ex Rel. Lungren v. Cotter & Co., 97 Cal. Daily Op. Serv. 2462 (Cal. Ct. App. 1997). “1 Health and Safety Code section 25249.5 et seq„ which became effective January 1, 1987, codifies Proposition 65.”
Env't Law Found. v. Wykle Rsch., Inc., 35 Cal. Rptr. 3d 788 (Cal. Ct. App. 2005). “The Environmental Law Foundation (ELF) appeals from a summary judgment dismissing its complaint under the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq.”
Sachs v. Exxon Co., U.S.A., 92 Cal. Daily Op. Serv. 8198 (Cal. Ct. App. 1992). “; Carpenter-Presley-Tanner Hazardous Substance Account Act, Health and Safety Code section 25300 et seq.”
Dow Agrosciences LLC v. Superior Court (Cal. Ct. App. 2017). “INTRODUCTION This writ proceeding arises out of a dispute about the proper venue for trial of a cause of action for violating the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq.”
Ctr. for Env't Health v. Perrigo Co. (Cal. Ct. App. 2023). “Appellant Center for Environmental Health (CEH) sued respondents, various manufacturers and retailers of generic over-the-counter (OTC) antacids, claiming they failed to warn consumers that the products contained a known carcinogen under Proposition 65, the Safe Drinking Water…”
Valley Water Mgmt. v. Superior Court CA5 (Cal. Ct. App. 2023). “4 Health and Safety Code section 25249.5 provides: “No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will…”
Consum. Advocacy Grp., Inc. v. Walmart, Inc. (Cal. Ct. App. 2025). “(CAG) filed two actions under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et sequitur (Proposition 65 or Act).”
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