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OEHHA Extends Public Comment Period for Glyphosate NSRL

On May 10, 2017, the California Office of Environmental Health Hazard Assessment announced that it has extended the public comment period for the proposed Proposition 65 No Significant Risk Level for glyphosate. The public comment period now closes on June 21, 2017. A public hearing on the proposed NSRL is scheduled for June 7, 2017. This is attorney advertising. Please see disclaimer.

Public Comment on Safer Consumer Products Priority Product Proposal Extended to June 6, 2017

The California Department of Toxic Substances (DTSC) has extended the comment period on the proposal to list polyurethane foam systems containing unreacted methylene diphenyl diisocyanates (MDIs) as a Priority Product from May 16, 2017 to June 6, 2017. DTSC designates Candidate Chemicals and Priority Products in accordance with the Safer Consumer Products Regulations. If polyurethane foam systems with unreacted MDIs become a Priority Product, responsible entities will be required to evaluate whether the Candidate Chemical (unreacted MDIs) is necessary to the product and whether there is a safer alternative. More details concerning the proposed regulation can be found here. A public hearing on the proposed priority product will be held on May 16, 2017 from 1:30 pm to 3:30 pm. The comment submission form can be found here. This blog article was researched and written by Brown University Class of 2018 student Aisha Keown-Lang. Ms. Keown-Lang is studying biology and political science …Read More

OEHHA Proposes No Significant Risk Level for Glyphosate

On March 28th, 2017, the Office of Environmental Health Hazard Assessment (OEHHA) decided that glyphosate will be listed under California’s Proposition 65 as a carcinogen. The effective date of the listing will depend on the outcome of an appellate decision as described further below. OEHHA has also proposed adopting a Proposition 65 No Significant Risk Level (NSRL) of 1100 micrograms per day for glyphosate. Comments regarding the proposed NSRL must be received by OEHHA on May 22, 2017 by 5:00 pm. All comments received will be posted on the OEHHA website after this public commenting period closes. Under Proposition 65, businesses are prohibited from knowingly and intentionally exposing individuals to listed chemicals without a clear and reasonable warning, unless an exemption applies. The law also prohibits the knowing discharge of listed substances into sources of drinking water. Businesses are exempted from the warning requirement if the alleged exposures are occurring at …Read More

OEHHA Publishes Translations of New Proposition 65 Safe Harbor Warnings

The California Office of Environmental Health Hazard Assessment has published translations of the new Proposition 65 safe harbor warnings. The translations, intended to assist businesses opting to use the new warnings, are provided in Spanish, Chinese, Vietnamese, French, and Tagalog. OEHHA cautions, however, that these translations represent the agency’s “best efforts” in translating the safe harbor warning text, and that businesses “may wish to consult with a translator and legal counsel regarding the accuracy and applicability of translated warning content for a specific exposure.” Businesses needing to translate their safe harbor warnings should closely examine OEHHA’s translations: aside from the translation itself, there may be punctuation or other elements which, if not complied with, may lead to an enforcer’s argument that the warning does not meet the safe harbor’s requirements. For example, the French word “et” is in all capital letters in the translated short, on-product combination warning. On August 30, …Read More

OEHHA Finalizes Ethylene Glycol Maximum Acceptable Dose Level

Effective July 1st, 2017, the Proposition 65 Maximum Allowable Dose Level (MADL) for ethylene glycol (CAS 107-21-1) will be 8,700 micrograms per day, the same level proposed by the Office of Environmental Health Hazard Assessment on April 8, 2016. Because the chemical’s listing is restricted to the oral route of exposure, the MADL consequently reflects the dose, through the oral ingestion route, above which a Proposition 65 warning would be required for this substance. Ethylene glycol, best known for its use in antifreeze, was first added to the Proposition list of chemicals known to cause reproductive toxicity on June 19, 2015. The listing was controversial, inasmuch as underlying studies demonstrated that humans are unlikely to experience reproductive effects even at high doses. The warning requirement for ethylene glycol became effective on June 19, 2016. Since then, two Proposition 65 notices of violation have been issued, one of which (relating to antifreeze) …Read More