Proposition 65 Regulatory Update Project - Status of Project Activities

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65.¹  As part of its responsibilities, OEHHA maintains the regulations implementing the Act.

On November 2, 2007, OEHHA held a public workshop to gather input from interested parties on items that should be added to or removed from OEHHA’s list of potential regulatory actions and the relative importance of these potential regulatory actions.  Stakeholders were also encouraged to provide suggestions on an on-going basis for inclusion on the list.  On January 22, 2008, OEHHA posted a list of regulatory actions that it intended to pursue over the coming year or two.

Following is an update showing OEHHA’s progress on this Regulatory Update Project.   

Regulatory actions completed since January 2008

Substantive changes

1. Safe Use Determinations – Section 25204 – OEHHA updated the regulation that sets out the procedures and criteria for requesting a Safe Use Determination (SUD).
   1. Existing language that had stated that the SUDs are advisory only was removed from subsection 25204 (a)
   2. In subsection 25204(d)(1), the processing fee was increased from $500 to $1000
   3. In subsection 25204(g), a requirement was added to mandate that any information requested by OEHHA from the SUD applicant must be provided to the agency within 60 days, unless otherwise agreed to by the agency.
2. Electronic Notice – Section 25903 – the regulation was updated to allow 60-day notices of violation to be served electronically to the offices of district attorneys and city attorneys offices who agree to this form of service.
3. Definitions – Section 25102(d) – updated the definition of “dental personnel” to reflect current use of the terms “dental assistant” and “dental hygienist” instead of “dental auxiliary staff”.

 Non-Substantive changes

1. Section 25601 – OEHHA reorganized the existing regulation describing Safe Harbor warnings for Proposition 65 listed chemical exposures.  OEHHA added subsections with subtitles to facilitate the public’s understanding of the regulation and make potential future changes to this section easier to organize.
2. Move from Title 22 to Title 27 – OEHHA moved the Proposition 65 regulations from Title 22 (Health and Welfare regulations) to Title 27, (Environmental regulations).

Regulatory projects currently under development

1. Food Warnings – Section 25601 – safe harbor program for warnings for exposures to listed chemicals in food products sold at the retail level.  Current Status:  Several stakeholder workgroup meetings and pre-regulatory public workshops have been held.  OEHHA plans to adopt a regulation by the end of the year.
2. Maximum Allowable Dose Level (MADL) – Possible changes to Sections 25801, 25803, and 25805 that set out the procedures and criteria for determining no observable effect levels for listed chemicals. Possible amendments would provide more uniformity in the processes used to reach these levels. These possible amendments would also clarify certain scientific issues and provide default body weights for infants and children for use in the calculations.  Current Status: One pre-regulatory workshop has been held.  OEHHA is reviewing comments.
3. No Significant Risk Level (NSRL) – Sections 25701 et seq. – possible  amendments similar to those described above may also be proposed for the regulations establishing safe harbor levels for listed carcinogens. Current Status:  Under development.
4. Changes to DART and CIC committee rules – Section 25304 – Possible repeal of this section on Financial Disclosure.  The regulation is redundant because the committee members are now covered by OEHHA’s Conflict of Interest Code. Current Status:  Under development.

OEHHA is committed to an open, public process for the development of potential regulatory actions.  Notices concerning these actions are posted on the OEHHA website and are often published in the California Notice Register.  If you wish to receive notices directly, please sign up for our listserv.    

Suggestions, questions or comments on the Regulatory Update Project 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

Related Notices

• Proposition 65 Regulatory Update Project, 2008 Project List

  Jan 22, 2008
• Notice of Adoption to Text of Regulations Title 27, California Code of Regulations Amendment to Section 25204, Safe Use Determinations

  Aug 18, 2009
• Notice of Adoption of Text Title 27, California Code of Regulations Amendment of Section 25903 Notices of Violation – Electronic Notice

  Apr 9, 2010
• Proposition 65 Regulations Moved from Title 22 to Title 27 of the California Code of Regulations (Changes Without Regulatory Effect)

  Jun 18, 2008
• Proposition 65 Food Warnings, and Exposures to Human and Plant Nutrients in Human Food

  Jun 17, 2010
• Title 27, California Code of Regulations, Section 25102(d), Proposition 65 – Definitions, Non-Substantive Changes

  Sep 18, 2009

Footnotes and References

^1. The Safe Drinking Water and Toxic Enforcement Act of 1986, codified as Health and Safety Code section 25249.5 et seq., commonly referred to as Proposition 65.