Proposal to Move Proposition 65 Regulations from Title 22 to Title 27 of the California Code of Regulations (Changes Without Regulatory Effect)

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65 (The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5, et. seq., hereafter referred to as Proposition 65 or the Act).  As part of its responsibilities related to Proposition 65, OEHHA maintains the regulations implementing the Act.  These regulations can be found in Title 22 of the California Code of Regulations, sections 12000-14000 inclusive.

OEHHA is proposing to move the Proposition 65 regulations from Title 22 to Title 27 of the California Code of Regulations (CCR). In 1987 the original lead agency for implementation of Proposition 65 regulations was the Health and Welfare Agency.  For this reason, the Proposition 65 regulations were placed in Title 22, together with other Health and Welfare regulations.  In 1991, Governor Wilson designated OEHHA as the lead agency for Proposition 65 implementation when OEHHA and its parent entity, the California Environmental Protection Agency, were established. The regulations have remained in Title 22.  Placing Proposition 65 regulations in Title 27, together with other environmental regulations, would facilitate future searches by stakeholders. This is a non-substantive renumbering process; no material changes will be made to the regulation as part of this action. 

OEHHA is offering an opportunity for the public to comment on this proposed non-substantive change. 

Interested parties may submit their comments or suggestions concerning the renumbering of the Proposition 65 regulations by 5:00 p.m. on April 28,2008.  All submissions should be directed to:

Fran Kammerer
Staff Counsel
Office of Environmental Health Hazard Assessment
1001 I Street, MS# 25B
Sacramento, CA 95816
Or via e-mail to fkammerer@oehha.ca.gov