OEHHA Extends Public Comment Period for Proposed Reproductive Toxicity Calculation Regulation



The comment period for a recent regulatory proposal initiated by California’s Office of Environmental Health Hazard Assessment (OEHHA) has been extended by the agency.

According to OEHHA The proposed amendment would “clarify that where a business presents evidence for the “level in question” of a chemical listed as causing reproductive toxicity in a food product based on the average of multiple samples of that food, the level in question may not be calculated by averaging the concentration of the chemical in food products from different manufacturers or producers, or that were manufactured in different facilities from the product at issue.”  The proposed regulatory action would also modify subsection (c)(2) to clarify that, when determining whether exposure to a listed reproductive toxicant in a consumer product requires a warning, that the reasonably anticipated rate of intake or exposure from consumer products to the chemical be calculated as the arithmetic mean of the rate of intake or exposure for product users.



OEHHA’s October 5 notice initiated a 45-day public comment period that is scheduled to close on November 19, 2018.  The agency (OEHHA) has received a request from the California Chamber of Commerce to hold a public hearing on the proposed regulation.

OEHHA has scheduled a public hearing on Monday, November 19, 2018, at the George Alexeeff Environmental Health Library, Suite 1604, 16th Floor, 1515 Clay Street, Oakland, CA 94612.  The public hearing is scheduled to begin at 10:00 a.m. and continue until noon.

The public comment period for the proposed regulation will close at the end of business on November 26.

Interested parties are encouraged to submit written information electronically via e-mail or through our website at https://oehha.ca.gov/comments rather than in paper form.  Send e-mail comments to P65Public.Comments@oehha.ca.gov (link sends e-mail)(link sends e-mail).  Please include “Calculating Exposure” in the subject line.  Hard-copy comments may be mailed, faxed, or delivered in person to the appropriate address below.

Monet Vela
Office of Environmental Health Hazard Assessment
P. O. Box 4010, MS 23 11F
Sacramento, California 95812-4010
Telephone: 916-323-2517
Fax: 916-323-2610


About Jack Schatz

Jack Schatz began writing about Proposition 65 and other U.S. environmental laws in 1994. He has also written extensively about Consumer Product safety and product liability issues as well. He is the publisher and co-author of the 2013 and 2017 and upcoming 2020 editions of the Proposition 65 Handbook.He was graduated by the San Diego State School of Journalism.
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