Hazard Identification Materials to Support Reconsideration of Listing: 9 Chemicals Listed Via the Labor Code as Known to the State of California to Cause Reproductive Toxicity

The Office of Environmental Health Hazard Assessment (OEHHA) announces the availability for public review of a hazard identification document to support the reconsideration of chemicals listed under Proposition 65 as known to cause reproductive toxicity.  The chemicals were added to the Proposition 65 list on the basis of reproductive toxicity via the Labor Code mechanism.1   OEHHA is initiating this action based on changes to the federal regulations that affect the basis for the original listings via the Labor Code mechanism.  Specifically, in March 2012, the federal Occupational Safety and Health Administration (OSHA) amended the regulations contained in CFR2 Title 29, section 1910.1200.  These changes have affected the use of this section as a definitive source for identifying chemicals as known to cause reproductive toxicity by the Labor Code mechanism.

This notice marks the beginning of a 45-day public comment period on this document.  The public comment period will close on November 4, 2013.  Copies of the document are available from OEHHA’s web siteThe document may also be requested from OEHHA’s Proposition 65 Implementation Office by calling (916) 445-6900.

The Developmental and Reproductive Toxicant Identification Committee (DARTIC) will consider whether the chemicals covered in the hazard identification document should remain listed under Proposition 65 as known to cause reproductive toxicity.  The DARTIC will consider these chemicals at its meeting on November 21, 2013 in Sacramento.  The venue and agenda will be announced in a subsequent public notice.  OEHHA will send comments received on the hazard identification document for these chemicals to DARTIC members prior to the meeting.

OEHHA, a department of the California Environmental Protection Agency, is the lead agency for the implementation of Proposition 653.  The Developmental and Reproductive Toxicant Identification Committee (DARTIC) advises and assists OEHHA in compiling the list of chemicals known to the State to cause reproductive toxicity, as required by Proposition 65.  The DARTIC serves as the State’s qualified experts for determining whether a chemical has been clearly shown through scientifically valid testing according to generally accepted principles to cause reproductive toxicity.    

OEHHA must receive comments and any supporting documentation on the hazard identification document by 5:00 p.m. on Monday, November 4, 2013.  We encourage you to submit comments in electronic form, rather than in paper form.  Comments transmitted by e-mail should be addressed to P65Public.comments@oehha.ca.gov.  Please include “Labor Code Chemicals Reconsideration” in the subject line.  Comments submitted in paper form may be mailed, faxed, or delivered in person to the addresses below:

Mailing Address:
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-19B
Sacramento, California 95812-4010
Fax: (916) 323-2265
Street Address: 1001 I Street
Sacramento, California 95814

Link to Public Comments

The comment period closed on Monday, November 4, 2013.

Footnotes and References

1 HSC section 25249.8(a)

2 CFR refers to the Code of Federal Regulations

3 The Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code section 25249.5 et seq.