Change to the Basis for Listing for Hexafluoroacetone and Phenylphosphine as Known to the State of California to Cause Reproductive Toxicity

Effective June 6, 2014, the basis for the listing of hexafluoroacetone and phenylphosphine under Proposition 65¹ as known to cause reproductive toxicity is the state’s qualified experts mechanism. These two chemicals were originally added to the Proposition 65 list as causing reproductive toxicity via the “Labor Code mechanism” pursuant to Labor Code section 6382(d), which is incorporated by reference in Health and Safety Code section 25249.8(a). Based on changes to certain federal regulations that affected the basis for the original listings of these chemicals as causing reproductive toxicity, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) referred the chemicals to the Developmental and Reproductive Toxicant Identification Committee (DARTIC) for reconsideration. In its official capacity as the “state’s qualified experts” at a public meeting held on May 21, 2014, the DARTIC determined that the two chemicals have been clearly shown, through scientifically valid testing according to generally accepted principles, to cause reproductive toxicity and should remain on the Proposition 65 list. Regulations governing the listing of chemicals by the DARTIC are set out in Title 27, California Code of Regulations, section 25305(b)(1).

The effective dates of listing as known to cause reproductive toxicity remain unchanged: August 1, 2008 for hexafluoroacetone and August 7, 2009 for phenylphosphine.

In summary, the chemicals in the table below are being retained on the Proposition 65 list as known to the State to cause reproductive toxicity:

Comment Period

• May 21, 2014 Developmental and Reproductive Toxicant Committee Meeting

Chemical Reference

• Hexafluoroacetone
• Phenylphosphine

Meeting Announcements/Information

• May 21, 2014 Developmental and Reproductive Toxicant Committee Meeting

Related Notices

• Hazard Identification Materials to Support Reconsideration of Listing: Hexafluoroacetone, Phenylphosphine and Chlorsulfuron

  Mar 14, 2014
• Withdrawal of Notice of Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Hexafluoroacetone and Phenylphosphine

  Oct 10, 2013
• Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Hexafluoroacetone and Phenylphosphine

  Sep 20, 2013
• Chemicals Listed Effective August 1, 2008 as Known to the State of California to Cause Cancer or Reproductive Toxicity: gallium arsenide, hexafluoroacetone, nitrous oxide and vinyl cyclohexene dioxide

  Aug 1, 2008
• Chemicals Listed Effective August 1, 2008 as Known to the State of California to Cause Cancer or Reproductive Toxicity: gallium arsenide, hexafluoroacetone, nitrous oxide and vinyl cyclohexene dioxide

  Aug 1, 2008
• Request for Comments on Proposed Listing of Gallium Arsenide as Known to Cause Cancer and Hexafluoroacetone, Nitrous Oxide and Vinyl Cyclohexene Dioxide as Known to Cause Reproductive Toxicity

  Jun 15, 2007

Footnotes and References

¹The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition65, is codified in Health and Safety Code section 25249.5 et seq.

²SQE: State’s Qualified Experts

³The DARTIC added the general endpoint of developmental toxicity, effective June 6, 2014, to the listing.

⁴The general endpoint of male reproductive toxicity identified by the DARTIC was also the endpoint that supported the original listing. Due to a typographical error, the Proposition 65 list had incorrectly stated the general endpoint as developmental toxicity.