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Proposition 65: Office of Environmental Health Hazard Assessment Recommends 27 Chemicals for Review by Carcinogen Identification Committee

Beveridge & Diamond, P.C., July 28, 2010

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has proposed 27 chemicals for review by the Carcinogen Identification Committee (“CIC”) under the State Qualified Expert Listing Mechanism of Proposition 65 (Cal. Health & Saf. Code §§ 25249.5 et seq.).  These chemicals are not yet proposed for Proposition 65 listing.  Rather, OEHHA is currently seeking public comment and the CIC’s consultation to decide for which of the 27 chemicals it will develop hazard identification materials in consideration of listing at a future meeting.  The public comment period ends on August 31, 2010, and CIC will consider the chemicals at a public meeting to be held on September 21 and 22, 2010.

The 27 chemicals under review were chosen from an OEHHA database of hundreds of chemicals.  OEHHA continually screens literature pertaining to chemicals in the database for evidence of cancer hazard as well as potential human exposure in California.  Based on this preliminary evaluation, OEHHA recently selected 27 chemicals for review by CIC.   The chemicals identified for review are as follows:

  • Acephate
  • Alpha-methyl styrene
  • Amitraz
  • Atrazine
  • 2-Biphenylamine and its salts
  • Budesonide
  • 4-Chloro-m-phenylenediamine
  • C.I. Acid Orange 3
  • Ciprofibrate
  • Clomiphene and its salts
  • Decabromodiphenyl ether
  • Decalin
  • 2,6-Dichloro-p­-phenylenediamine
  • Furfural
  • Gentian Violet
  • 4-Hydroxymethyl, 4-Methyl, and 4-Hydroxy Benzenediazonium and their salts
  • Isoniazid
  • Malathion
  • 7-Methylbenz[a]anthracene
  • N-Methyl-N-formylhydrazine
  • Methylphenidate and its salts
  • Omeprazole and its salts
  • Pantoprazole and its salts
  • Perflourooctane sulfonate and its salts and transformations and degradation precursors
  • Phosmet
  • Quinoxaline-1,4-dioxide compounds and Desoxycarbadox
  • Rabeprozole and its salts

The CIC’s review will be based on the results of OEHHA’s preliminary screening and any timely submitted public comments.  At its next meeting, the CIC will provide OEHHA advice and consultation regarding whether hazard identification materials should be developed for these chemicals.   

For those chemicals chosen for further consideration, OEHHA will issue a data call-in.  The information collected in the data call-in will be released for public comment.  Afterwards, all of the data, including the public comments, will be assembled for CIC consideration.  At a public meeting, CIC will decide whether any chemicals merit listing as carcinogens and announce its decision.  The Proposition 65 carcinogen list would then be amended accordingly, and the listing would take effect one year later.

Although the 27 chemicals listed above are at an early stage in the prioritization process, OEHHA is accepting comments relevant to determining their potential carcinogenicity.  Unless an exemption applies, chemicals listed under Proposition 65 may not be discharged into sources of drinking water and businesses may not expose people to listed chemicals without first providing a clear and reasonable warning. 

For a printable PDF of this article, please click here.

For more information, please contact Gary Smith at (415) 262-4045, gsmith@bdlaw.com. This Client Alert was prepared with the assistance of Zachary Norris. 

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