Notice of a Public Hearing for Comment on a Request for a Safe Use Determination for Diisononyl Phthalate (DINP) In Phifertex® Fabric Used in Outdoor Furniture Products

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 (commonly known as Proposition 65, codified at Health and Safety Code section 25249.5 et seq.).  OEHHA has received a request for a Safe Use Determination (SUD) for diisononyl phthalate (DINP) in outdoor furniture products made with Phifertex® fabric, specifically that exposures to DINP in these products do not present significant cancer risks under Proposition 65, and do not require a warning.  The request is made by McKenna Long & Aldridge LLP, on behalf of Phifer Incorporated, pursuant to Title 27 of the California Code of Regulations, section 25204(b)(3).

This SUD request is limited to exposures to DINP in Phifertex® fabric, when it is used as a component of outdoor furniture products.  Exposure to other listed substances, if any, that may be present in the Phifertex® fabric or other components of the outdoor furniture products will not be reviewed by OEHHA in the context of this request.

In accordance with the process set forth in section 25204(f)1, a public hearing has been scheduled for Monday, March 30, 2015, in the Coastal Hearing Room on the 2nd Floor of the California Environmental Protection Agency Headquarters, 1001 I Street, Sacramento, CA 95814, as an opportunity for public comment on this request for a safe use determination.  The hearing will be held between 2:00 p.m. and 5:00 p.m.

The public may also submit written comments on this request.  In order to be considered, OEHHA must receive comments by 5:00 p.m. on Monday, March 30, 2015.  We encourage you to submit comments in electronic form, rather than in paper form. Comments transmitted by e-mail should be addressed to  Please include “SUD – Phifertex Fabric Outdoor Furniture Products” in the subject line.  Comments submitted in paper form may be mailed, faxed, or delivered in person to the address below.

Mailing Address: Ms. Monet Vela
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-23A
Sacramento, California 95812-401
Fax: (916) 323-2610
Street Address: 1001 I Street
Sacramento, California 95814

Comments received during the public comment period will be posted on the OEHHA web site after the close of the comment period.  If you have any questions, please contact Ms. Monet Vela at (916) 323-2517 or

Footnotes and References

1All referenced sections are from Title 27 of the Cal. Code of Regulations.