U.S. – California OEHHA Adds Bisphenol A to Proposition 65 List

Vol. 830 | 15 May 2015

Starting May 11, 2016, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), companies with 10 or more employees manufacturing, distributing or selling the product(s) containing Bisphenol A (BPA) where the exposure to BPA is over the “safe harbor level” will be required to provide a clear and reasonable warning for that product.

Prop 65 requires the Governor of California to publish, at least annually, a list of chemicals known to the state to cause cancer or reproductive toxicity. Currently this list contains about 961 chemicals. On May 11, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) added BPA¹ to the list of chemicals known to the State to cause reproductive toxicity for purposes of Prop 65. Exposure that takes place less than 12 months subsequent to the listing of the chemical is exempt from Prop 65 warning label requirements. Hence exposure to BPA from products at levels above the “safe harbor level” beginning May 11, 2016, will require clear and reasonable warning.

As OHHEA has not yet derived a safe harbor level for BPA, businesses that expose individuals to this chemical would be required to provide a Prop 65 warning on their product(s), unless the business can show that the anticipated exposure level will not pose a significant risk of reproductive toxicity.

For questions, please contact:

Dr. Pratik Ichhaporia
Tel: +1.312.906.7720
Email: pratik.ichhaporia@intertek.com

 

¹ http://www.oehha.org/prop65/CRNR_notices/list_changes/051115listBPA.html