On January 3, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a Proposition 65 interpretive guideline for residential exposures to dichlorvos in naled. Dichlorvos (2,2-dichlorovinyl dimethyl phosphate, commonly abbreviated as an DDVP) is an organophosphate pesticide breakdown product of naled, an insecticide that has been registered since 1959 for use in the United States for controlling adult mosquitoes as well as other pests.
DDVP was identified as a Proposition 65 carcinogen in 1989. The recent interpretive guideline analyzed the likelihood that residential exposure to DDVP in naled would exceed the Proposition 65 No Significant Risk Level (NSRL) for the compound when used in fruit fly bait stations and lures by the California Department of Food and Agriculture’s (CDFA) invasive pest eradication program. In its report, OEHHA concluded that “anticipated lifetime exposure for residents to DDVP in naled when used in bait stations by CDFA’s invasive pest eradication programs does not pose a significant cancer risk for purposes of Proposition 65 to the average resident near treated areas.” Thus, no warnings would be required for these exposures.
Under Section 25102(m) of the Proposition 65 regulations, “interpretive guideline” means a draft regulatory proposal which has been published for the information, comment, and guidance of California businesses, law enforcement agencies and others concerned. OEHHA is authorized to issue interpretive guidelines under Proposition 65 itself and under Section 25203 of the regulations. According to OEHHA, it may issue an interpretive guideline that interprets Proposition 65 and its implementing regulations, as applied to specific facts. The interpretive guideline reflects OEHHA’s scientific interpretation of the available information as the lead agency for Proposition 65 implementation.
Grimaldi Law Offices has been advising clients for over 20 years on chemical and product regulation. For knowledgeable advice and in-depth analysis on your chemical regulatory compliance obligations, contact Grimaldi Law Offices at (415) 463-5186 or email us at firstname.lastname@example.org.
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