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Proposition 65 State of California- October, 2007
Public Workshop: REQUEST FOR PUBLIC PARTICIPATION IN A
PROPOSITION 65 REGULATORY UPDATE PROJECT
The Office of Environmental Health Hazard Assessment is the lead
agency for implementation of Proposition 65 (The Safe Drinking
Water and Toxic Enforcement Act of 1986, Health and Safety Code
section 25249.5, et. seq., hereafter referred to as Proposition
65 or the Act). As part of its responsibilities related to
Proposition 65, OEHHA maintains the regulations implementing the
Act. These regulations can be found in Title 22 of the
California Code of Regulations, sections 12000-14000 inclusive.
As part of an ongoing project to clarify and update these
regulatory provisions, OEHHA has established a limited-term
position for a regulatory attorney. This attorney will work
full-time on projects designed to clarify, improve and update
the regulatory provisions governing the Proposition 65 program.
As part of this effort, OEHHA is seeking input from stakeholders
in the enforcement and business communities, as well as other
members of the public concerning the direction this effort
should take. Over the years, OEHHA has identified updates that
could be taken to clarify existing regulatory provisions, add
new provisions dealing with emerging issues, or delete
provisions that may no longer be necessary and these potential
updates, listed in alphabetical order, are listed below.
On Friday, November 2, 2007 from 10 to Noon in the Byron Sher
Auditorium at the Cal/EPA Headquarters Building located at 1001
I Street, Sacramento, California, OEHHA will hold a public
workshop for the purpose of gathering input from interested
parties concerning the relative importance of these regulatory
actions as well as items that should be added to the list or
removed. If you have special accommodations or language needs,
please contact Monet Vela at (916) 323-2517 or mvela@oehha.ca.gov
by October 26, 2007.
While all ideas will be considered, stakeholders are encouraged
to make their suggestions as specific as possible and also to
limit the suggestions to those that will implement or make
specific the provisions of Proposition 65 while furthering the
purposes of the Act. Suggestions for changes to the law itself
are beyond the scope of this project.
Interested parties may also submit their ideas on the regulatory
update project by 5:00 p.m. on November 16, 2007. All
submissions should be directed to: Carol J. Monahan-Cummings
Chief Counsel
Office of Environmental Health Hazard Assessment
1001 I Street, MS# 25B
Sacramento, CA 95816
Or via e-mail to cmcummings@oehha.ca.gov
List of Potential Regulatory Actions
- Add needed definitions of statutory terms.
- Address averaging issues related to exposures to listed
chemicals.
- Address scientific issues concerning methods of detection and
analysis and detection limits.
- Adopt NSRLs and MADLs for important/common chemicals.
- Amend warning regulations to more specifically address the
form, content and delivery of warnings for exposures from
consumer products, occupational exposures and environmental
exposures.
- Clarify issues related to minor deviations from safe harbor
form or language.
- Clarify relative level of responsibility for providing
warnings between manufacturers, distributors and retailers for
various types of exposures (including phone and internet sales).
- Consider additional changes to the Safe Use Determination
regulation.
- Consider clarifying issues relating to assessing the level of
exposure to listed chemicals from consumer products (i.e.
transfer factors).
- Develop a regulation addressing exposures to beneficial
nutrients in foods.
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