Prop 65 60 Day Notices
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The Developmental and Reproductive Toxicant Identification Committee (DARTIC) met Thursday November 20 and voted, in an overwhelming majority, to list Hexavalent Chromium as a Proposition 65 chemical. After a lengthy presentation by the OEHHA staff and comments by Dow Chemical, DARTIC decided not to list Chlorpyrifos as a Prop. 65 chemical, citing a lack of conclusive evidence.

The committee also decided not to prioritize the development of HIMs for Trihalomethanes as a group. Instead, DARTIC decided to prioritize a HIM for only Chloroform. The committee did vote for the prioritized development of HIM documents for Particulate Matter.
Latest Issue -- November 01, 2008
Featured Article
Roger Pearson, Special Correspondent
Citrus Growers are vehemently objecting to any listing under Proposition 65 of two pesticides widely used by the citrus industry. The growers are joined in their opposition by the two manufacturers of the pesticides. The two pesticides in question are (1) Imazalil (CAS# 35554-44-0) and (2) Thiabendazole (CAS# 148-79-8) and Thiabendazole hypophosphite salt (CAS# 28558-32-9) (referred to together as Thiabendazole). Imazalil and Thiabendazole are two of four substances that OEHHA announced in June that it was either seeking information on or was proposing to actually list based on Proposition 65's authoritative bodies mechanism. The OEHHA proposal on all four substances was unusual in that in each instance the agency had initially considered the substance for listing over ten years ago, but for various reasons had stopped processing the listing. The other two substances, Avermectin B1 and Molinate, are also pesticides. OEHHA has previously received objections to the listing of these two substances.
60-Day Notice Report
Recent Prop. 65 notices filed as of November 1, 2008.
Litigation Report
Recent Complaints as of November 1, 2008
Recent Prop. 65 settlements as of November 1, 2008.
Recent appellate court action as of November 1, 2008.
Regulatory Report
Roger Pearson, Special Correspondent
Citrus Growers are vehemently objecting to any listing under Proposition 65 of two pesticides widely used by the citrus industry. The growers are joined in their opposition by the two manufacturers of the pesticides. The two pesticides in question are (1) Imazalil (CAS# 35554-44-0) and (2) Thiabendazole (CAS# 148-79-8) and Thiabendazole hypophosphite salt (CAS# 28558-32-9) (referred to together as Thiabendazole). Imazalil and Thiabendazole are two of four substances that OEHHA announced in June that it was either seeking information on or was proposing to actually list based on Proposition 65's authoritative bodies mechanism. The OEHHA proposal on all four substances was unusual in that in each instance the agency had initially considered the substance for listing over ten years ago, but for various reasons had stopped processing the listing. The other two substances, Avermectin B1 and Molinate, are also pesticides. OEHHA has previously received objections to the listing of these two substances.
Recently listed Prop. 65 chemicals as of November 1, 2008.
Chemicals under consideration for listing as of November 1, 2008.
Special Report
Roger Pearson, Special Correspondent
After the state budget passed on September 22, Governor Schwarzenegger had a short eight day window to decide whether to sign or veto hundreds of bills sent to him by the Legislature. He ended up signing 772 of them and vetoing 415. That veto rate of 35% is the highest percentage of vetoes "in at least 40 years," according to the Sacramento Bee.
60 Day Notices
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Leap Year Publishing, LLC
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Notebooks
Date:  11/07/2008
AG Number:  2008-00533
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Mary Meyer Corporation
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Vinyl Toys
Date:  11/07/2008
AG Number:  2008-00532
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Nancy Sales Co., Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Vinyl Toys
Date:  11/07/2008
AG Number:  2008-00531
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  ZM International, Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Vinyl Backpacks
Date:  11/07/2008
AG Number:  2008-00530
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Turn Up The Music Inc.; TUTM Entertainment, Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Inflatable Vinyl Toys
Date:  11/07/2008
AG Number:  2008-00529
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Burlington Coat Factory Warehouse Corporation; Tommy Hilfiger U.S.A., Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Inflatable Vinyl Toys
Date:  11/07/2008
AG Number:  2008-00528
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  The Northwest Company
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Vinyl Pillows
Date:  11/07/2008
AG Number:  2008-00527
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Jarden Corporation; The Coleman Company, Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Inflatable Vinyl Toys
Date:  11/07/2008
AG Number:  2008-00526
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  School Specialty, Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Inflatable Toys
Children's Vinyl Baseball/Sporting Toys
Date:  11/07/2008
AG Number:  2008-00525
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Easton Sports, Inc.; Easton-Bell Sports, Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Children's Vinyl Baseball/Sporting Toys
Date:  11/07/2008
AG Number:  2008-00523
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Nationwide Trading Corp.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Feeding Bottle Nipples
Date:  11/07/2008
AG Number:  2008-00522
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Burlington Coat Factory Warehouse Corporation; Fallas-Paredes; Global Design Concepts, Inc.; KB Toys Retail, Inc.; KB Toys, Inc.; National Stores, Inc.; Target Corporation
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Inflatable Vinyl Toys
Children's Vinyl Bags
Date:  11/07/2008
AG Number:  2008-00521
See Document
Noticing Party:  Anthony E. Held, Ph.D., P.E.
Alleged Violators:  Jay Franco & Sons, Inc.
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Vinyl Bathroom Toys
Children's Vinyl Pillows
Date:  11/07/2008
AG Number:  2008-00520
See Document
Noticing Party:  As You Sow
Alleged Violators:  dba Nutraceutical Sciences Institute; Vitacost.com, Inc.
Chemicals:  Lead
Sources:  Herbal Dietary Supplements
Date:  11/05/2008
AG Number:  2008-00519
See Document
Noticing Party:  Consumer Advocacy Group, Inc.
Alleged Violators:  Bonide Products, Inc.
Chemicals:  Chlorothalonil
Sources: 
Date:  10/26/2008
AG Number:  2008-00517
See Document
Noticing Party:  Consumer Advocacy Group, Inc.
Alleged Violators:  Jomaps, Inc.
Chemicals:  Chlorothalonil
Sources:  M-1 Additive
Date:  10/23/2008
AG Number:  2008-00516
See Document
Noticing Party:  Consumer Advocacy Group, Inc.
Alleged Violators:  Rancho Roofing, Ltd.
Chemicals:  Arsenic (inorganic arsenic compounds)
Sources:  Asphalt
Date:  10/23/2008
AG Number:  2008-00515
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Wyeth dba Solgar
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00513
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Wonder Laboratories
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00512
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Vitanica, LLC
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00511
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Vitamin World Online, Inc.
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00510
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Vitamer Laboratories, div. of Nexgen Pharma, Inc.
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00509
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Universal Nutrition
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00508
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  True Fit Vitamins
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00507
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Threshold Enterprises, Ltd. dba Source Naturals
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00506
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  The Vitamine Shoppe Industries, Inc.
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00505
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  The Daily Wellness Company
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00504
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  SuperNutrition Life-Extension Research, Inc.
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00503
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Spring Valley Herbs & Food
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00502
See Document
Noticing Party:  Vicky Hamilton
Alleged Violators:  Sound Medicine, LLC
Chemicals:  Lead
Sources:  Vitamin supplements
Date:  10/22/2008
AG Number:  2008-00501
See Document