Prop 65 Roundup - January 2024

Prop 65 Counsel: What To Know

California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning

California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked enforcement of the state’s Proposition 65 carcinogen warning for the herbicide glyphosate, even after his office sought extra time to consider such a request and laid out several key issues it could cover.

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OEHHA Notices

Bisphenol S (BPS) Added to Proposition 65 List Following 2023 Meeting of the Developmental and Reproductive Toxicant Identification Committee

Effective December 29, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) has added bisphenol S (BPS) to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). This listing was done via the “State’s Qualified Experts” mechanism, based on the Developmental and Reproductive Toxicant Identification Committee’s (DARTIC) determination that this chemical was clearly shown to cause female reproductive toxicity.

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Proposed Amendments to Regulations Clear and Reasonable Warnings, Safe Harbor Methods and Content California Code of Regulations

On December 13, 2023, a Public Hearing was held to hear public comments on proposed amendments to Title 27, California Code of Regulations, Sections 25601, 25602, 25603, and 25607.2 and adopt new Sections 25607.50, 25607.51, 25607.52, and 25607.53. Below is a link to the hearing video and transcript. 

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No Significant Risk Levels for Ethylene Oxide

The Office of Environmental Health Hazard Assessment (OEHHA) has extended the public comment period for the notice of modification to proposed rulemaking and addition of one document for ethylene oxide. The extension is in response to a request from the American Spice Trade Association. The comment period will now close on January 17, 2024.

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