Dawn Koepke

Regulatory action on calculating exposures to reproductive toxicants proposed

By Dawn Koepke

Capitol Update, Oct. 22, 2018

The Office of Environmental Health Hazard Assessment (OEHHA) announced last week proposed regulatory changes concerning the averaging of concentrations of reproductive toxicants in food products and determining the average use of a consumer product for purposes of calculating exposures to listed reproductive toxicants. 

OEHHA argues Proposition 65 and its existing implementing regulations are not sufficiently specific about how the intake or exposure of an average consumer to reproductive toxicants is to be determined. OEHHA’s proposal released last week is intended to clarify how a business should calculate exposures to listed reproductive toxicants and specifies the use of the arithmetic mean as the metric to be used when calculating the rate of intake or exposure for users of the consumer product. Notably, until now, there has been flexibility for businesses to use the arithmetic or geometric mean; however, this proposal removes that discretion in favor of what, in most cases, will be a more stringent value under the arithmetic mean approach. Also important, while prior discussions focused regulatory changes on averaging specific to lead exposures, this averaging proposal would apply more broadly to all Proposition 65 chemicals in food products that have been deemed a reproductive or developmental toxicant. 

Public comments on the proposed rulemaking will be accepted until November 19th.

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