The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) provides two mechanisms for administratively listing chemicals which are known to the State to cause cancer or reproductive toxicity (Health and Safety Code Section 25249.8(b)). One such mechanism by which a chemical may be listed is if a body considered to be authoritative by the state’s qualified experts has formally identified it as causing cancer or reproductive toxicity. The following are identified as authoritative bodies for purposes of Proposition 65 as it pertains to chemicals known to cause reproductive toxicity: the US Environmental Protection Agency (US EPA), the International Agency for Research on Cancer (IARC) (for transplacental carcinogenicity only), the US Food and Drug Administration (FDA), and the National Institute for Occupational Safety and Health (NIOSH). The criteria for listing chemicals through the authoritative bodies mechanism are set forth in Title 22, California Code of Regulations (22 CCR), Section 12306.

As the lead agency for the implementation of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency intends to list the chemicals identified below as known to the State to cause reproductive toxicity, pursuant to this administrative mechanism as provided in Health and Safety Code Section 25249.8(b) and 22 CCR, Section 12306.

In a notice dated April 10, 1998, OEHHA announced that 15 chemicals were under consideration for listing based on a review of information indicating that the chemicals may meet the criteria set forth in 22 CCR, Section 12306. OEHHA solicited comments and information relevant to the evaluation of these chemicals in the context of the regulatory criteria for administrative listing under Proposition 65. The public comment period began on April 10, 1998, and was extended, closing on August 3, 1998. A public forum was held on May 20, 1998 to provide an opportunity for oral comments. Many comments were received during the public comment period. To date, OEHHA has completed its review of comments received on 7 of the chemicals, and the remaining 8 chemicals are still under review to determine if the regulatory criteria for administrative listing have been met. In the interest of moving forward on those chemicals that OEHHA has determined meet the criteria for listing under 22 CCR, Section 12306, OEHHA is issuing this notice of intent to list on the sub-list of 7 chemicals provided in the table below. A document providing more detail on the basis for the listing can be obtained from OEHHA’s Proposition 65 Implementation Office at the address and telephone number indicated below, or from the OEHHA Home Page: Anyone objecting to the listing of the chemicals identified below as causing reproductive toxicity on the basis that there is no substantial evidence that the criteria of sufficiency of evidence of reproductive toxicity identified in 22 CCR, Section 12306 have been satisfied should provide written comments in triplicate, along with supporting documentation, by mail or by fax to:

Ms. Cynthia Oshita
Office of Environmental Health Hazard Assessment
Post Office Box 4010
Sacramento, CA 95812-4010
Fax No.: (916) 327-1097

Telephone: (916) 445-6900

Comments may also be hand-delivered to Ms. Oshita at the Office of Environmental Health Hazard Assessment at the same address.

In order to be considered, comments must be received at OEHHA by 5:00 p.m. on Monday, October 5, 1998.

The following chemicals have been determined by OEHHA to meet the criteria set forth in 22 CCR, Section 12306 for listing as causing reproductive toxicity under the authoritative bodies mechanism:

Download the document providing detail as an Adobe Acrobat PDF file.

 

Chemical	CAS No.	Toxicological Endpoints	Reference
Chinomethionat (Oxythioquinox)	2439-01-2	Developmental toxicity	US EPA (1994a, b)
Cyclohexanol	108-93-0	Male reproductive toxicity	US EPA (1994a, b)
Fluazifop butyl	69806-50-4	Developmental toxicity	US EPA (1994a, b)
Fluvalinate	69409-94-5	Developmental toxicity	US EPA (1994a, b)
Oxydemeton methyl	301-12-2	Female reproductive toxicity Male reproductive toxicity	US EPA (1987; 1994a, b)
Resmethrin	10453-86-8	Developmental toxicity	US EPA (1994a, b)
Sodium fluoroacetate	62-74-8	Male reproductive toxicity	US EPA (1994a, b; 1995)

References
US Environmental Protection Agency (US EPA, 1987). Guidance for the Reregistration of Pesticide Products Containing Oxydemeton-Methyl as the Active Ingredient. Office of Pesticides and Toxic Substances.

US Environmental Protection Agency (US EPA, 1994a). Proposed Rule: Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right to Know. Federal Register 59:1788.

US Environmental Protection Agency (US EPA, 1994b). Final Rule: Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right to Know. Federal Register 59(229):61432.

US Environmental Protection Agency (US EPA, 1995). Reregistration Eligibility Decision (RED); Sodium Fluoroacetate. Office of Pesticides and Toxic Substances, Washington DC.

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For questions regarding Proposition 65, please contact the Cynthia Oshita in the Proposition 65 Implementation Program

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