Proposition 65 Listing & Delisting

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.

Text fileCurrent Proposition 65 List: View PDF version