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

Jan 28, 2005: Notice of a Public Hearing for Comment on a Request for a Safe Use Determination for a Hand-to-mouth Transfer Factor for Lead

Notice of a public hearing for comment on a request for a Safe Use Determination for a hand-to-mouth transfer factor for lead

Dec 26, 2003: Issuance of a Safe Use Determination for Crystalline Silica in Interior Flat Latex Paint

Safe use determination for crystalline silica in flat latex paint.

Mar 28, 2003: Notice of a Public Hearing for Comment on a Request for a Safe Use Determination for Crystalline Silica in Interior Latex Paints

Notice of a public hearing for comments on a request for a Safe Use Determination for crystalline silica used in interior latex paints on Monday, April 28, 2003. 

May 17, 2002: Notice of Proposed Rulemaking, Title 22, California Code of Regulations Amendment to Section 12104, Safe Use Determinations

If approved the ammendment would identify when OEHHA will consider and issue a safe use determination, when OEHHA would publicly disclose the acceptance of a request and the supporting data or information. OEHHA proposes to continue the process if a completed request is received and accepted by OEHHA before a 60-day notice of violation has been served. The request and supporting data and information is proposed to be considered official information pursuant to Evidence Code Section 1040 and would not be publicly disclosed until the request was accepted as complete.

Feb 9, 2001: Decision on Advanced Medical Technology Association's Petition for Amendment of Regulations

Decision on Advanced Medical Technology Association's petition for amendment of regulations.

Feb 9, 2001: Decision Letter Regarding the Advanced Medical Technology Association's Petition for Amendment of Regulations

Decision letter regarding the Advanced Medical Technology Association's petition for amendment of regulations pertaining to Proposition 65 warning regulations for medical devices.

Jun 4, 1999: Issuance of a Safe Use Determination for Crystalline Silica in Sorptive Mineral-based Pet Litter

June 4, 1999 issuance of a Safe Use Determination for crystalline silica in sorptive mineral-based pet litter.

Nov 25, 1998: Notice of a Public Hearing for Comment on a Request for a Safe Use Determination for Sorptive Mineral-Based Pet Litter Containing Crystalline Silica

Notice of a public hearing for comment on a request for a Safe Use Determination for sorptive mineral-based pet litter containing crystalline silica.

Pages