Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

The Office of Environmental Health Hazard Assessment (“OEHHA”), which is responsible for determining the chemicals that are included on its list of chemicals known to be carcinogenic or to cause reproductive harm, thereby requiring businesses to comply with the rules accorded under California’s Proposition 65, has announced the beginning of a 45-day public comment period on five chemicals:

  • Nickel
  • Pentachlorophenol
  • Perfluorooctanoic acid (PFOA)
  • Perfluorooctane sulfonate (PFOS)
  • Tetrachloroethylene

On November 9, 2015, the Developmental and Reproductive Toxicant Identification Committee (“DARTIC”) will meet to consider whether Methyl-n-butyl Ketone should remain listed under Proposition 65 as known to cause reproductive toxicity, and will also consider whether 2,5-Hexanedione should be listed as known to cause reproductive toxicity.

OEHHA is referring Nitrapyrin and Diaminotoluene (mixed) to the Carcinogen Identification Committee (CIC), California’s qualified experts for carcinogenicity determinations under Proposition 65 for review of possible delisting at a public meeting scheduled for November 4, 2015.

Unless and until the OEHHA makes a final determination on either adding, delisting, or reclassifying a chemical, the current list of chemicals of concern under Proposition 65 remains in effect.

This document is intended to provide you with information about environmental law and toxic tort related developments. The contents of this document are not intended to provide specific legal advice. This communication may be considered advertising in some jurisdictions.

August 28, 2015