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2019-2020 Proposition 65 Proposed Legislation

2019-2020 Safer Consumer Products Proposed Legislation

DTSC Begins Process of Listing Nail Products Containing Toluene as Priority Product

The Department of Toxic Substances Control is considering the listing of "nail products containing toluene" as a "Priority Product" pursuant to the Department's Safer Consumer Products (SCP) program. As a first step the agency has prepared a draft product-chemical profile containing a technical description of the target nail products.

DTSC Concludes That Manufacturers of Children's Bedding Are Phasing Out Flame Retardants

The first Priority Product listed pursuant to the Department of Toxic Substances Control's Safer Consumer Products regulation was children's foam-padded sleeping products containing the flame retardants tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-chloroethyl) phosphate (TCEP).

OEHHA Issues Revised Draft Air Quality Guidelines for Hexamethylene Diisocyanate

The Office of Environmental Health Hazard Assessment (OEHHA) has issued revised draft air quality guidelines for hexamethylene diisocyanate (HDI) for use in the state's Air Toxics Hot Spots program.

OEHHA Finalizes Safe Harbor Levels for Bromodichloroacetic and Bromochloroacetic Acid

The Office of Environmental Health Hazard Assessment (OEHHA) has finalized its no significant risk level (NSRL) for the Proposition 65-listed carcinogens bromodichloroacetic acid and bromochloroacetic acid.

Ninth Circuit Invalidates San Francisco’s Sugary Beverage Warning Law on First Amendment Basis

The federal Ninth Circuit Court of Appeal has overturned a City of San Francisco ordinance that required manufacturers of certain sugar-containing beverages to include a specified warning in advertisements for their products. An en banc panel of the Court held that San Francisco failed to demonstrate that the required warning was not "unjustified or unduly burdensome."

New York May Emulate California With Prop. 65 Type Law

Is the State of New York about to adopt its own version of California's Proposition 65? That's the conclusion of at least one observer after reviewing a proposal by New York Governor Andrew Cuomo.

OEHHA Creates Framework to Track Progress on Human Right to Water

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a draft framework to help the State Water Resources Control Board (SWB) harness and analyze data as it works to ensure that everyone in the state has access to clean drinking water.

ACC Takes Next Step in Its Challenge to Priority Product Listing of SPF Systems

The American Chemistry Council (ACC) has appealed the decision by the Department of Toxic Substances Control to identify spray polyurethane foam systems with unreacted methylene diphenyl diisocyanates (SPF Systems) as a Priority Product under the Department's Safer Consumer Products (SCP) program.

DTSC Names Methylene Chloride Strippers as an SCP Priority Product

The Department of Toxic Substances Control has formally designated paint and varnish strippers containing methylene chloride as a Priority Product under the Department's Safer Consumer Products (SCP) program.

Governor Brown Makes Several Appointments to Prop. 65 Science Boards

As one of his last actions as Governor, Jerry Brown made a number of appointments to various state agencies, boards, and other entities—including several appointments to the two science advisory boards responsible for chemical listing recommendations under Proposition 65.

Brown Makes Appointments to DARTIC and CIC

Gov. Jerry Brown has appointed Irva Hertz-Picciotto and reappointed Laurence Baskin and Tracey Woodruff to the Developmental and Reproductive Toxicant Identification Committee (DARTIC) and has appointed Dana Loomis and reappointed Joseph R. Landolph and Thomas Mack to the Carcinogen Identification Committee (CIC).

California Supreme Court Depublishes Prop. 65 Cereal Decision

The California Supreme Court has upheld an appellate court decision holding that a  Proposition 65 suit over acrylamide in breakfast cereals is preempted by federal law. However, the Court granted requests by the California Attorney General and several environmental groups to depublish the lower court decision meaning that the case cannot be cited as precedent.

OEHHA Risk Assessment on Food Dyes Could Lead to Regulation

The Office of Environmental Health Hazard Assessment (OEHHA) is seeking information on nine common food dyes as part of a risk assessment it is undertaking on the neurological and neurobehavioral impacts of exposure to the dyes.

OEHHA Finalizes Change to Safe Harbor Warning Language for Pesticides

The Office of Environmental Health Hazard Assessment (OEHHA) has finalized a change to its safe harbor warning regulations under Proposition 65 for certain pesticides.

OEHHA Extends Comment Deadline for Proposed Listing of p-Chloro-α,α,α-trifluorotoluene

The Office of Environmental Health Hazard Assessment (OEHHA) has extended the public comment period for its proposal to list p-chloro-α,α,α-trifluorotoluene under Proposition 65.

EPA Publishes First Draft Risk Assessment Under New TSCA Legislation

On November 15 U.S. EPA published its first draft risk assessment of a chemical pursuant to the 2016 amendments to the Toxic Chemical Substances Control Act (TSCA).

With Nationwide Ban in Limbo, State Recommends Limits on Chlorpyrifos

The California Department of Pesticide Regulation (DPR) has recommended interim restrictions on the use of the potent neurotoxic pesticide chlorpyrifos while it develops permanent restrictions on the pesticide.

OEHHA Proposes Tweaks to Recently Enacted Prop. 65 Warning Regulations

The Office of Environmental Health Hazard Assessment (OEHHA) is proposing changes to the rules governing warnings under Proposition 65 to clarify the requirements for manufacturers, intermediaries and retail sellers to provide warning information for products containing listed chemicals.