Under
Proposition 65, there are several mechanisms by which a compound can
be added to the list of “chemicals known to the state of California” to
cause either cancer or reproductive toxicity. Compounds can be added to the
list by the panels of the State’s Qualified Experts, either the Cancer
Identification Committee (CIC) or the Developmental and Reproductive
Toxicant Identification Committee (DART-IC). Alternatively, compounds can be
added onto the Proposition 65 list administratively, either because another
regulatory agency (an “Authoritative Body” such as the EPA, FDA, NTP, IARC
or NIOSH) has classified the compound as a carcinogen or reproductive
toxicant, or the compound triggers warnings of product labels.
These
administrative listing mechanisms avoid the
State Qualified Experts and
utilize the decision making authority of the state’s lead agency, the Office
of Environmental Health Hazard Assessment (OEHHA). All of these complex
listing procedures require input and persuasion from the public and can be
influenced with relevant scientific documents and comments.
It is
crucial to avoid “listing” under Proposition 65 if possible. However, a
compound that has been added to the Proposition 65 list can be removed, but
only under conditions established in regulation, and only if OEHHA officials
are convinced these conditions have been met. The process required for
delisting is complex, multi-staged, and time consuming, but worth the effort
if the intended goal is met. TSG is one of the few consulting firms whose
consultants have extensive experience on projects involving both proposed
listing and efforts to delist compounds under Proposition 65. TSG’s
expertise in coordinating efforts to keep compounds off the Proposition 65
list or, if already listed, overseeing the procedures required to have these
compounds removed, provides a unique advantage to companies trying to
resolve Proposition 65 listing issues.
