Proposition 65 Safe Use Determinations (SUDs)

A Safe Use Determination (SUD) is a written statement issued by OEHHA, which interprets and applies Proposition 65 and its implementing regulations to a specific set of facts in response to a request by a business or a trade group. Requests for SUDs seek OEHHA’s determination whether an exposure or discharge of a listed chemical resulting from specific business actions or the average use of a specific product is subject to the warning requirement or discharge prohibition. The SUD determines if the discharge or exposure is at or below the Safe Harbor number. Regulations setting out the requirements for requesting a SUD are found in Title 27, California Code of Regulations, section 25204. 

Slide Presentation - Safe Use Determination Requests: Essential Elements

More information about the Safe Use Determination (SUD) process.

Proposition 65 Safe Use Determinations

Nov 22, 2017: Notice of Extension of Public Comment Period for Acceptance of a Request for a Safe Use Determination (SUD) for Chlorothalonil in Certain Foods

OEHHA has received a request from California Rural Legal Assistance Foundation seeking an extension of the comment period for a SUD for chlorothalonil in certain foods.  OEHHA hereby extends the public comment period until 5 p.m., Monday, December 18, 2017 for the materials on chlorothalonil.

Oct 27, 2017: Acceptance of a Request for a Safe Use Determination for Chlorothalonil in Certain Foods Resulting from Pesticidal Use of the Chemical and Opportunity for Public Comment

This Safe Use Determination (SUD) request is limited to exposures to chlorothalonil from consumption of certain foods.  Exposure to other listed substances, if any, which may be present in these foods will not be reviewed by OEHHA in the context of this request.

May 19, 2017: Acceptance of a Request for a Safe Use Determination for Diisononyl Phthalate (DINP) in Interface Glasbac® And Glasbac®Re Modular Carpet Tile and Opportunity for Public Comment

OEHHA has received a request for a Safe Use Determination (SUD) for the use of diisononyl phthalate (DINP) in Interface GlasBac® and GlasBac®RE modular carpet tile, specifically that exposures to DINP in the carpet tile do not present significant cancer risks under Proposition 65, and therefore do not require a warning.  The request is made by Interface, Inc. pursuant to Title 27 of the California Code of Regulations, section 25204(b)(3).

Jan 20, 2017: Issuance of a Safe Use Determination for Diisononyl Phthalate (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.

Dec 30, 2016: Issuance of a Safe Use Determination for Exposure to Professional Installers to Diisononyl Phthalate in Vinyl Flooring Products

OEHHA is issuing a safe use determination for DINP exposures to professional vinyl flooring installers from vinyl flooring products containing 8.7% DINP by weight, or less.

Jul 1, 2016: Issuance of a Safe Use Determination for Exposure to Residents to Diisononyl Phthalate in Vinyl Flooring Products

Notice of issuance of a Safe Use Determination (SUD) for exposure to residents of homes and other facilities to diisononyl phthalate (DINP) in vinyl flooring products containing 18.9% DINP by weight, or less.

Jun 24, 2016: Correction to Analysis Supporting a Safe Use Determination for Diisononyl Phthalate in Certain Single-Ply Polyvinyl Chloride Roofing Membrane Products Issued on December 4, 2015

Some of the information used in OEHHA’s analysis supporting the issuance of the December 4, 2015 SUD has been corrected.

May 27, 2016: Issuance of Safe Use Determinations for Diisononyl Phthalate in Tandus Centiva ER3® Modular Vinyl Carpet Tiles

Safe use determinations for DINP exposures to residents of homes and other facilities, and exposures to professional carpet installers from Tandus Centiva ER3® modular vinyl carpet tiles.

Nov 25, 2015: Issuance of a Safe Use Determination for Diisononyl Phthalate in Certain Single-Ply Polyvinyl Chloride Roofing Membrane Products

OEHHA is issuing this SUD only to CFFA for DINP in SP PVC roofing membrane products with a nominal finished thickness of between 1.016 to 2.438 mm, containing no more than 15 percent DINP and heated to surface temperatures up to and including 210ºC during installation.

Apr 17, 2015: Notice of a Public Hearing on a Request for a Safe Use Determination for Diisononyl Phthalate (DINP) in Certain Single-Ply Polyvinylchloride (PVC) Roofing Membrane Products

Notice of a public hearing on a request for a safe use determination for diisononyl phthalate (DINP) in certain single-ply polyvinylchloride (PVC) roofing membrane products.

Feb 13, 2015: 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

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.

Jan 16, 2015: Notice of a Public Hearing for Safe Use Determination for Diisononyl Phthalate (DINP) in carpet tile

Notice of a 2015 public hearing for comment on a request for a Safe Use Determination for Diisononyl Phthalate (DINP) in Tandus Centiva ER3® Modular Vinyl carpet tile

Dec 19, 2014: Notice of a Public Hearing for a Safe Use Determination for Diisononyl Phthalate (DINP) in Vinyl Flooring Products

Notice of a 2015 public hearing for comment on a request for a Safe Use Determination for Diisononyl Phthalate (DINP) in vinyl flooring products.

Jul 16, 2010: Information Letter Issued For Total Fumonisins In Corn Snack Food Products

OEHHA issued a technical information letter regarding fumonisins in corn snack food products.

Aug 18, 2009: Notice of Adoption to Text of Regulations Title 27, California Code of Regulations Amendment to Section 25204, Safe Use Determinations

Adoption of changes to the Safe Use Determination regulations to delete existing language in subsection (a) providing that Safe Use Determinations are advisory only and replace it with language providing that the Safe Use Determinations shall have presumptive effect, increase the filing fee for a Safe Use Determination request from $500.00 to $1000.00 in subsection (d)(1), and to create in subsection (g) a time limit of sixty (60) days for submission of additional material requested by OEHHA.

May 15, 2009: Proposed Amendment of Section 25204, Safe Use Determinations

Proposed Amendment of Section 25204, Safe Use Determinations

Jan 9, 2009: Proposed Amendment of Section 25204 Safe Use Determinations Notice of Modifications to Text of Proposed Amended Regulation

 OEHHA is proposing an additional minor clarification and one substantive change to the proposed amendments of Title 27, California Code of Regulations, section 25204.

Sep 12, 2008: Proposed Amendment of Section 25204 - Safe Use Determinations

Notice of a public hearing on November 7, 2008 regarding amendment of Title 27, California Code of Regulations, Section 25204.

Mar 6, 2008: Notice of a Public Hearing for Comment on a Request for a Safe Use Determination for Fumonisin B1 in Corn Snack Food Products - Extension of Public Comment Period

Notice of a public hearing for comment on a request for a Safe Use Determination for Fumonisin B1 in corn snack food products. Extension of public comment period.

Feb 29, 2008: Discussion Topics for Public Hearing on a Request for a Safe Use Determination for Fumonisin B1 in Corn Snack Food Products

Discussion topics for public hearing on a request for a Safe Use Determination for fumonisin B1 in corn snack food products 

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