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Proposition 65 Regulatory Update Project, 2008 Project List

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 currently be found in Title 22 of the California Code of Regulations, sections 12000-14000 inclusive.

Over the years, OEHHA has identified updates that could be made to clarify existing regulatory provisions, add new provisions dealing with emerging issues, or delete provisions that may no longer be necessary. On November 2, 2007, OEHHA held a public workshop for the purpose of gathering input from interested parties concerning the relative importance of these regulatory actions and to gather input on items that should be added to the list or removed.  Stakeholders were also encouraged to provide their suggestions in writing.  Several interested parties sent in suggestions concerning needed actions.  These are posted on the OEHHA website. 

OEHHA has considered the public input received at the workshop and in the written comments and also its available resources, and will focus on the following regulatory actions in 2008.  This list may change based on resource constraints, emerging issues or stakeholder input. 

  1. Propose a non-substantive general reorganization of the existing “clear and reasonable” warning regulations in Title 22, Cal. Code of Regs., section 12601.  This is a non-substantive change that would group certain provisions together, such as definitions of terms, and would add sub-sections and descriptive headings to the existing regulations to make them more user-friendly and will facilitate future substantive changes to the regulation. 
  2. OEHHA will move all the Proposition 65 regulations out of the Department of Health Services series (Title 22) and into the Cal/EPA series of the California Code of Regulations (Title 27).
  3. Propose a regulation that would provide a narrow exemption from the warning requirements of the Act for certain exposures to necessary or essential nutrients in foods.
  4. Propose a change to the existing regulation in Title 22, Cal. Code of Regulations, section 12204, that would make OEHHA’s “safe use determinations” (SUDs) binding.
  5. Propose a change to the existing regulations that describe the methods for calculating maximum allowable dose levels (MADLs) in Title 22, Cal. Code of Regs., sections 12801 and 12803, the “safe harbor” levels for chemicals known to the State to cause reproductive toxicity.  The existing regulations provide guidance in calculating MADLs.  OEHHA proposes to clarify certain issues by adding default body weights for specific age groups and clarify other language in the regulation.
  6. Initiate a discussion of possible approaches to providing warnings for exposures to listed chemicals in foods. This would be the first step in a process that may lead to proposed changes to the existing safe harbor warning regulations in Title 22, Cal. Code of Regs., section 12601.  OEHHA will convene a scoping workshop to gather ideas for such a regulatory proposal.

OEHHA will provide separate notice of each of these actions as they are initiated and remains committed to working with stakeholders throughout the course of the project.   

Questions or comments should be directed to: 

Fran Kammerer
Staff Counsel
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95812
916-445-4693
Or via e-mail to fkammerer@oehha.ca.gov  

Or 

Carol Monahan-Cummings
Chief Counsel
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95812
(916) 322-0493
Or via e-mail to cmcummings@oehha.ca.gov