Issuance of a Safe Use Determination for Diisononyl Phthalate (DINP) in Phifertex® Fabric Used in Outdoor Furniture Products

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The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986[1].  OEHHA received a request for a Safe Use Determination (SUD) for diisononyl phthalate (DINP)[2] in Phifertex® fabric used in outdoor furniture products.  The request was made by McKenna Long & Aldridge (MLA) LLP, on behalf of Phifer Incorporated, pursuant to OEHHA’s authority under Section 25204(a) of Title 27 of the California Code of Regulations[3].  The products covered by this request are Phifertex® fabrics containing up to 25% DINP, when used in outdoor furniture products. 

In accordance with the process set forth in Section 25204(f), OEHHA held a written public comment period on this request from February 13 to March 30, 2015. OEHHA also held a public hearing on March 30, 2015, in Sacramento, California.  No public comments were received.

As provided in Sections 25204(a) and (k), OEHHA is issuing the following SUD to Phifer Incorporated for DINP in Phifertex® fabric used in outdoor furniture products:

  • OEHHA is issuing a safe use determination for DINP in Phifertex® fabric containing up to 25% DINP used in outdoor furniture products.

The essential elements and results of OEHHA’s assessment are described in the supporting document available at:  /proposition-65/proposition-65-safe-use-determinations-suds.

Based on the screening level exposure analysis described in the supporting documentation, an upper-end estimate was made of DINP exposure from Phifertex® fabric containing up to 25% DINP for users of outdoor furniture products made with this fabric.  This upper-end estimate of DINP exposure, 52.1 micrograms per day (µg/day), was compared to the No Significant Risk Level (NRSL) for DINP of 146 µg/day.  Thus, the estimated exposure to DINP from Phifertex® fabric containing up to 25% DINP for users of outdoor furniture products made with this fabric is below the NSRL and corresponds to an excess cancer risk of less than one in 100,000.  A warning is not required for consumer exposure to DINP from Phifertex® fabric containing up to 25% DINP used in outdoor furniture products.

Supporting documentation for the Safe Use Determination is available on OEHHA’s website at: /proposition-65/proposition-65-safe-use-determinations-suds.

Questions regarding this notice should be directed to:

Michelle Ramirez
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-12B
Sacramento, California 95812-4010

P65Public.Comments@oehha.ca.gov

Telephone: (916) 445-6900

Footnotes and References

[1] The Safe Drinking Water and Toxics Enforcement Act of 1986, commonly known as Proposition 65, is codified at Health and Safety Code section 25249.5 et seq.

[2] DINP was listed under Proposition 65 as a chemical known to the state to cause cancer effective December 20, 2013.

[3] All further references are to sections of Title 27 of the California Code of Regulations unless otherwise stated.