Proposition 65 Regulatory Update Project Pre-Regulatory Draft of Possible Changes to Title 27, California Code of Regulations, Sections 25801 and 25803 No Observable Effect Levels for Listed Chemicals
Proposition 65 requires that businesses provide warnings prior to exposing people to chemicals listed as reproductive toxins and also prohibits discharges of these chemicals to sources of drinking water. The Act provides exceptions to these requirements in certain circumstances. For chemicals known to cause reproductive toxicity (i.e. birth defects or other reproductive harm), the Act provides an exemption to the warning and discharge provisions if an exposure one thousand (1,000) times higher than the level in question would not cause any observable effect.
The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65. As part of its responsibilities OEHHA maintains the regulations implementing the Act. These regulations can be found in Title 27 of the California Code of Regulations, sections 25000-27000 inclusive.
OEHHA is proposing amendments to Sections 25801 and 25803 of the California Code of Regulations, Title 27. These regulations set out the procedures and criteria for determining an exposure level where there would be no observable effect.
OEHHA developed a draft regulatory amendment to Title 27, Cal. Code of Regulations, section 25801 and 25803 that would clarify these procedures and criteria. OEHHA previously solicited comments on an earlier draft of the regulations via a public workshop and written comment period. OEHHA reviewed the comments received on the earlier draft and has developed the current draft of the possible regulatory amendments and draft Initial Statement of Reasons, which are set out below. Proposed changes to the current regulation are indicated in underline/strikeout format.
Please note: This is a pre-regulatory proposal that could change substantially before it is proposed in a formal regulatory process. Interested parties are encouraged to provide written comments concerning this pre- regulatory concept.
In order for comments to be considered at this point in the process they must be received by 5:00 p.m. on Monday, November 1st, 2010. All comments should be directed to:
Fran Kammerer
Staff Counsel
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95814
Or via e-mail to fkammerer@oehha.ca.gov