Response to the Petition of Bayer Corporation for Clarification of the Proposition 65 Listing of “Mercury and Mercury Compounds” as Chemicals Known to Cause Reproductive Toxicity

On October 15, 2003, a petition on behalf of Bayer Corporation “for reconsideration of the determination that a 1984 EPA report formally identified ‘mercury and mercury compounds' as reproductive toxins and clarification of the listing” (“Petition”) was filed with the Office of Environmental Health Hazard Assessment (OEHHA) by Norman C. Hile of Orrick, Herrington & Sutcliffe, LLP. The Petition specifically seeks “to discern whether OEHHA interprets the ‘mercury and mercury compounds' listing to encompass thimerosal and PMA [phenylmercuric acetate].” Bayer requests that if OEHHA interprets the “mercury and mercury compounds” listing under Proposition 65 to encompass thimerosal or PMA, the listing should be reconsidered. If OEHHA finds the converse that the listing did not encompass thimerosal and PMA, then Bayer requested a clarification of the listing.

Follow the link on this page to download a copy of the Bayer petition (please note: this is a scanned copy of the petition only, to request copies to the attachments, please contact contact the Proposition 65 office at (916)445-6900 or email P65.Questions@oehha.ca.gov to arrange for payment of copying costs.)