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Bisphenol S (BPS) Added to Proposition 65 List Following 2023 Meeting of the Developmental and Reproductive Toxicant Identification Committee

Bisphenol S Listed as Reproductive Toxicant

Effective  December 29, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) has added bisphenol S (BPS) to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). This listing was done via the “State’s Qualified Experts” mechanism, based on the Developmental and Reproductive Toxicant Identification Committee’s (DARTIC) determination that this chemical was clearly shown to cause female reproductive toxicity.

The warning requirement for significant exposures to BPS will take effect on December 29, 2024.

Summary of DARTIC Meeting

A meeting of the DARTIC was held virtually on December 12, 2023. During the meeting, OEHHA staff presented a summary of evidence on the female reproductive toxicity of bisphenol S (BPS). This was followed by a discussion and deliberation on the evidence by the DARTIC. The DARTIC then determined that BPS was clearly shown through scientifically valid testing according to generally accepted principles to cause female reproductive toxicity by a vote of 9 (yes) to 0 (no). The chemical has therefore been added to the Proposition 65 list of chemicals, for female reproductive toxicity, effective December 29, 2023. 

Ahead of the meeting, OEHHA had issued a request for relevant information on the potential reproductive toxicity of BPS, which opened on March 4, 2022 and closed on April 18, 2022. The data call-in was followed by publication of the hazard identification document entitled “Evidence on the Female Reproductive Toxicity of Bisphenol S” and a public comment period from October 6, 2023 to November 20, 2023.

At the meeting, the DARTIC also voted 9 — 0, in favor of the consent item to add 2,2,3-trifluoro-3-(trifluoromethyl)oxirane (also known as hexafluoropropylene oxide, or HFPO) to the list of chemicals for which testing is required but has been inadequate (California Code of Regulations (CCR) Title 27 Section 27000). As described in the OEHHA staff report, data requirements for HFPO are still required. This list of chemicals is distinct from the Proposition 65 list.

Finally, OEHHA staff presented updates on chemical listings via the administrative listing mechanisms, safe harbor levels, and other regulations and litigation from the past year.

DARTIC Meeting Agenda

NOTE: clicking on the link for each portion of the agenda will take you directly to that part of the meeting.

  1. Welcome and Opening Remarks
  1. Consideration of BPS Known to the State to Cause Reproductive Toxicity (based on Female Reproductive Toxicity):
  1. Consent Item - Update of the California Code of Regulations Title 27 Section 27000 List of Chemicals Which Have Not Been Adequately Tested as Required (staff report)
  1. Staff Updates (slide deck)
  • Chemical listings via the administrative listing mechanisms
  • Safe harbor levels
  • Other regulations and litigation
  1. Summary of Committee Actions

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