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Three Substances Added to California Prop 65 List

Tuesday, October 31, 2017
Sandler, Travis & Rosenberg Trade Report

Effective Oct. 27, California’s Office of Environmental Health Hazard Assessment added N,N‑dimethylformamide (a common solvent for chemical reactions), 2‑mercaptobenzothiazole (used in the vulcanization of rubber), and tetrabromobisphenol A (a fire retardant) to the list of chemicals known to the state to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

Prop 65 does not ban or restrict the use of listed chemicals. Instead, beginning one year after a chemical is added to the Prop 65 list businesses are required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to that chemical unless they can show that the anticipated exposure level will not pose a significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm. This warning can be given in several ways; e.g., labeling a consumer product. No such warning is required if exposure to a chemical occurs at or below any established safe harbor level.

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