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
Notice of a 2015 public hearing for comment on a request for a Safe Use Determination for Diisononyl Phthalate (DINP) in vinyl flooring products.
OEHHA issued a technical information letter regarding fumonisins in corn snack food products.
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.
Proposed Amendment of Section 25204, Safe Use Determinations
OEHHA is proposing an additional minor clarification and one substantive change to the proposed amendments of Title 27, California Code of Regulations, section 25204.
Notice of a public hearing on November 7, 2008 regarding amendment of Title 27, California Code of Regulations, Section 25204.
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.
Discussion topics for public hearing on a request for a Safe Use Determination for fumonisin B1 in corn snack food products
Notice of a public hearing for comment on a request for a Safe Use Determination for Fumonisin B1 in corn snack food products
Notice of a public hearing for comment on a request for a Safe Use Determination for a hand-to-mouth transfer factor for lead
Safe use determination for crystalline silica in flat latex paint.
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.
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.
Decision on 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.
June 4, 1999 issuance of a Safe Use Determination for crystalline silica in sorptive mineral-based pet litter.
Notice of a public hearing for comment on a request for a Safe Use Determination for sorptive mineral-based pet litter containing crystalline silica.