Thirteen More Chemicals to be Listed

In a September 29 notice, OEHHA announced that it was considering 23 chemicals for listing under the authoritative bodies and formally required to be labeled mechanisms.  After receiving no comments on 13 of the chemicals, OEHHA issued a December 29, 2000 notice that it was intending to list those chemicals. 

Comments must be filed no later than January 29, 2001.   The supporting document for Ethoprop, Indium phosphide, Lynestrenol, Norethynodrel and Propachlor and the supporting document for Amantadine hydrochloride, Diazoxide, Dichlorphenamide, Diltiazem, hydrochloride, Filgrastim, Ribavirin, Rifampin and Trientine hydrochloride are available.

Chemicals which meet the criteria set forth in 22 CCR Section 12902 for listing as known to cause cancer and/or reproductive toxicity via the "formally required to be labeled or identified" mechanism:

OEHHA Lists 5 More Chemicals

In a December 22, 2000 notice, OEHHA added five new chemicals to the Prop 65 list.  They are:

Chemicals Known to the State to Cause Cancer:

 Chemical Known to the State to Cause Reproductive Toxicity:

View the document supporting the listing for Bromoethane, and Isoxaflutlle or the document supporting the listing for Gemfibrozil and Zileuton.

View the updated Prop 65 list [html/pdf/excel].

Cal/OSHA Regs Enacted

On October 12, 2000, Cal/OSHA's long-awaited regulations (8 CCR 338) governing private enforcement of Prop 65 workplace exposures were implemented.  The regulations had been held up by a June 29, 2000 determination by the Office of Administrative Law that the agency failed to submit proper cost documentation at the time the regulations were proposed.  [OAL determination--pdf.]   Much of the regulation mirrors the requirements in SB 1269 that the Attorney General be given copies of complaints and settlements, but the Cal/OSHA regs go much further.

Under section 338(d), "A Supplemental Enforcer or Public Prosecutor shall serve upon the Attorney General a copy of any motion, or opposition to a motion for summary judgment or summary adjudication of issues, a demurrer, motion for preliminary or injunctive relief, or other dispositive motion, and all memoranda of points and authorities in support of or opposing such motions."

Under section 338(h) "Where, in the judgment of the Director and the Attorney General, a Supplemental Enforcer or Public Prosecutor has not complied with the provisions of this section, or the provisions of the OSHA approval decision of June 6, 1997, the Attorney General may seek to intervene in the action, or take such actions within his authority as he deems appropriate to assure compliance."

OEHHA to Resume Safe Harbor NOEL/NSRL Process

OEHHA issued a September 22  notice for a November 15, 2000 public workshop "soliciting input on the process and order by which the safe harbor numbers should be developed."  The development of safe harbor levels for risk assessment purposes has been stalled for over 6 years.  In an October 27 notice, the agency made available the background document discussing the safe harbor development process and the proposed selection process.  Download the staff transparencies from the workshop.

CIC to Discuss Revision of Listing Criteria and Potential Listings

A November 2 notice was issued for a November 16 meeting of the Carcinogen Identification Committee (CIC) of OEHHA's Science Advisory Board.  The meeting discussed potential new listings under Prop 65, including Hexachlorobutadiene, 4-Methylquinoline, and  MX(3-chloro-4-(dichloromethyl)-5-hydroxy-2(5H)-furanone) (click on links to download the draft hazard identification documents, which were released in an August 25 notice.

Also on the agenda were the proposed revisions to the criteria [pdf] by which the CIC will determine whether chemicals are known to cause cancer. 

Download the staff transparencies from the meeting.

Updates to the Prop 65 List

The list of Prop 65 chemicals has been updated, including the June 2, 2000, listing of Chloroprene, Cobalt sulfate heptahydrate, and Fenoxycarb as carcinogens, and the August 4, 2000, listing of o-phenylphenol as a carcinogen.  View the updated list [text/pdf]. 

On August 25, OEHHA issued a notice of intent to list the certain of the chemicals identified in the June 2 notice under the administrative bodies mechanism:

Newly-listed carcinogens under the "authoritative bodies" mechanism:

Newly-listed chemicals under the "formally required to be labeled or identified" mechanism:

View the document supporting the listing for Bromate ion and its water soluble salts, Bromoethane, and Isoxaflutlle or the document supporting the listing for Gemfibrozil and Zileuton.

OEHHA Declines to List Sodium Nitrate

At its June 2, 2000, meeting, the DART Committee voted 7-1 against listing the popular meat preservative as a reproductive toxin.  According to the Hazard Identification Document, sodium nitrate was considered as a potential transplacental carcinogen.   The Committee's deliberation gathered widespread interest, due to the use of sodium nitrate to protect public health and reduce the incidence of botulism, and concern over potential reduction in its use if a Prop 65 warning were to be required.

OEHHA Considers More Potential Listings

On June 2, OEHHA issued a notice indicating that it was considering additional chemicals for possible Listing via the authoritative bodies mechanisms:

A. Chemicals which may meet the criteria set forth in 22 CCR Section 12306 for listing as known to cause carcinogenicity via the "authoritative bodies" mechanism:

Obtain the document on the potential listing of these chemicals.

B. Chemicals which may meet the criteria set forth in 22 CCR Section 12902 for listing as known to cause cancer and/or reproductive toxicity via the "formally required to be labeled or identified" mechanism:

Obtain the document on the potential listing of these chemicals.

On September 29, OEHHA issued a notice indicating that another 23 chemicals were under consideration for potential listing.

A. Chemicals which may meet the criteria set forth in 22 CCR Section 12306 for listing as known to cause carcinogenicity via the "authoritative bodies" mechanism:

Obtain the document on the potential listing of these chemicals.

B. Chemicals which may meet the criteria set forth in 22 CCR Section 12902 for listing as known to cause cancer and/or reproductive toxicity via the "formally required to be labeled or identified" mechanism:

Obtain the document on the potential listing of these chemicals.   A November 22 notice extended the public comment period to December 8, 2000 for famciclovir and to December 28, 2000 for atorvastatin calcium, fluvastatin sodium, and nimodipine.

Workshop on Potential Medical Device Warning Regulation Held

On September 21, OEHHA held a workshop to discuss the warning regulation proposed by the Advanced Medical Technology Association (formerly Health Industry Manufacturers Association, or HIMA).  View the original petition [pdf] and AdvaMed's press release.  

OEHHA DART Committee to Consider Sodium Nitrite

The Developmental and Reproductive Toxicant Committee will meet on June 2, 2000, to consider the addition of sodium nitrate to the Prop 65 list of reproductive toxins.  View the notice.   Obtain the draft Hazard Identification Document.

OEHHA Mailing List Up and Running

OEHHA has now established a mailing list for parties interested in postings on the Prop 65 section of the OEHHA web site.  Visit the sign-up page (since they'll probably be quicker than we are in getting out notifications).

OEHHA Intends to List o-phenylphenol

On April 14, 2000, OEHHA issued a notice of intent to list o-phenylphenol as a reproductive toxin under the authoritative bodies mechanism.  View the document establishing the basis for listing.

Dimethyl Chlorothiophosphate Will not be Listed

In another April 14 notice, OEHHA stated that it has determined that dimethyl chlorothiophosphate, identified in EPA's TRI chemical list, does not meet the authoritative bodies' criteria for listing as a reproductive toxin.  View the explanatory document.

HIMA Files Petition for Medical Device Warning Regulation

On February 22, 2000, the Health Industry Manufacturers Association filed a petition with OEHHA seeking to enact a regulation covering Prop 65 warnings given for medical devices obtained as part of a clinic or hospital visit.   The proposed regulation would require that healthcare providers receive warnings by letter, identifying which devices contain Prop 65 chemicals, and that the healthcare providers then be required to give warnings in admission forms, informed consent forms, or by posted signs, with certain exceptions consistent with medical informed consent.   Over-the-counter devices would carry warnings by product labeling or point of sale signs.

AG Proposes Reporting Regs

This story is reported in our Private Litigation Archive.

March 24, 2000

Prop 65 List Updated

The Prop 65 list was updated on March 10, 2000, with the addition of methyl chloride.  View the updated list [text/pdf].

OEHHA Intends to List Chloroprene, Cobalt sulfate heptahydrate, Fenoxycarb

A notice of intent to list for the following chemicals under the administrative bodies mechanism was issued by OEHHA on March 17, 2000.

The comment period closes April 17, 2000.   The underlying documentation is available.

OEHHA Issues Draft and Final HIDs

On March 3, 2000, OEHHA issued a notice indicating that a draft Hazard Identification Document for sodium nitrite was being made available.  The HID will be considered at the June 2, 2000 meeting of the Developmental and Reproductive Toxicant Identification Committee.

A December 30, 1999, notice stated that final HIDs were now available for bis(2-chloro-1-methylethyl)ether, 1-chloro-4-nitrobenzene, estragole, and trichloroacetic acid.

Authoritative Bodies Developments

Due to confusion over the identity of a critical study used to list imazilil, on February 18, 2000, OEHHA issued a notice retracting its notice of intent to list the chemical.  The notice indicates that imazilil will be reconsidered, giving interested parties the opportunity to comment on the correct study.

On February 11, 2000, due to "significant ambiguity in the record regarding how U.S. EPA characterizes the reproductive toxicity of metribuzin," OEHHA issued a notice, withdrawing the chemical for consideration listing under the authoritative bodies mechanism.  Read the explanatory document. On February 25, OEHHA issued a notice requesting information for the DART Committee's evaluation of metribuzin.

On February 11, OEHHA issued a notice indicating that dimethylamine dicamba did not meet the criteria for listing under the authoritative bodies mechanism.  Read the explanatory document.

Notice to Interested Parties
Revision of Announcement of a Public Workshop on Styrene.
[1/21/2000 ]

Notice to Interested Parties
Document Availability. FINAL Summary Document for Five Chemicals (i.e., allyl chloride, chloroodibromomethane, 1,1-dichloroethane, p-toluidine, and zineb) Listed Under the Authoritative Body Mechanism and Reviewed by the Carcinogen Identification Committee for Possible Delisting
[12/29/99]

Notice to Interested Parties
Chemicals Listed Effective December 24 and 28, 1999 as Known to the State to Cause Cancer or Reproductive Toxicity.
[ 12/24/99 ]

• 2001 Regulatory Update
• 2000 Regulatory Update
• 1999 Regulatory Update
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• 1996 Regulatory Update