In a recent development aimed at enhancing consumer safety, the Office of Environmental Health Hazard Assessment (OEHHA) has included three new chemicals to the list of substances known to cause cancer under California's Prop 65. The updated list, which takes effect from August 11, 2023, includes anthracene, 2-bromopropane, and dimethyl hydrogen phosphite.
Public Comments Date: June 16, 2023 to July 17, 2023
The decision to include these chemicals in the Proposition 65 list followed a comprehensive evaluation process and a public comment period, which took place from Friday, June 16, 2023, to Monday, July 17, 2023. The listing process was carried out in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986, specifically sections 25249.5 et seq. of the Health and Safety Code.
These new listings were made under the “Labor Code” mechanism, outlined in HSC section 25249.8(a) and Title 27 Cal. Code of Regs. section 25904. This mechanism integrates the findings of the International Agency for Research on Cancer (IARC), specifically substances identified as human or animal carcinogens by IARC.
In this case, IARC's conclusions played a crucial role. IARC categorized 2-bromopropane as Group 2A, signifying it as "probably carcinogenic to humans." Both anthracene and dimethyl hydrogen phosphite were classified as Group 2B, indicating they are "possibly carcinogenic to humans." IARC's evaluation was based on substantial evidence of carcinogenicity in animals (Cattley et al., 2023).
OEHHA, as the lead agency responsible for implementing Proposition 65, conducted an in-depth assessment of these chemicals. After careful consideration, OEHHA determined that anthracene, 2-bromopropane, and dimethyl hydrogen phosphite satisfy the requirements for listing as substances known to cause cancer under Proposition 65, as outlined in Title 27, CCR, section 25904(b)(3).
Complying with Proposition 65 warning label requirements necessitates that businesses possess detailed knowledge of the chemicals present in their products or business locations that could expose Californians to potential hazards.
Companies impacted by Proposition 65 must inform Californians about exposure to substances on the Proposition 65 list before any potential exposure occurs. Violations of Proposition 65 can result in penalties as high as $2,500 per violation, per day.
To accurately determine which chemicals might be exposed to the public, businesses need to gather substance data on the products they sell in California or use within their California business locations.
Acquis can streamline this process. Our Prop 65 Compliance Data Services include collecting substance data from your suppliers on your behalf and verifying it against the list of chemicals regulated under Proposition 65.
Contact us to learn more about how we can assist you with Proposition 65 compliance.
6705 Ridgedale CT, Glen Allen, VA 23059
+1.757.801.2760
info@aquiscompliance.com
#9/2, Hennur Bagalur Main Road, Bengaluru - 560077
+91 789 238 1827
info@aquiscompliance.com