Prop 65: Bisphenol A (BPA) Listing Update (May 2015)

UPDATE MAY 2015: California’s Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of Bisphenol A (BPA) to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity. BPA was evaluated by the Developmental and Reproductive Toxicant Identification Committee (DARTIC), which serves as the “state’s qualified experts,” at a public meeting held on May 7, 2015. DARTIC determined that BPA, through scientifically valid testing, caused reproductive toxicity.

Chemical CAS No. Toxicological Endpoints Listing Mechanism
Bisphenol A (BPA) 80-05-7 Female reproductive toxicity State’s qualified experts






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UPDATE FEBRUARY 2015:
The Developmental and Reproductive Toxicant Identification Committee (DARTIC) will consider Bisphenol A (BPA) for possible listing under Proposition 65 at its next meeting scheduled for Thursday, May 7, 2015. At this meeting, the DARTIC will consider whether BPA has been clearly shown by scientifically valid testing according to generally accepted principles to cause female reproductive toxicity.

BPA is being brought to the DARTIC at this time due to the committee's request at its July 15, 2009 meeting to re-visit consideration of BPA if additional epidemiological or other specific types of data on reproductive and developmental toxicity became available. Considering substantial new epidemiological and toxicological data have become available since 2009, OEHHA has assembled materials on BPA and female reproductive toxicity for the DARTIC's consideration.

The May 7 meeting will be held in the Coastal Hearing Room at the Cal-EPA Headquarters building at 1001 I Street, Sacramento, CA. It will begin at 10:00 am. The meeting will be continued on May 21, 2015 at the same location if the DARTIC does not complete its deliberations on May 7, 2015.

There will be a 45-day public comment period on the hazard identification materials on BPA and female reproductive toxicity. OEHHA must receive comments and any supporting documentation by 5:00 pm on Tuesday, April 6, 2015; it will organize and index the comments received and forward the information to the DARTIC members prior to the May 7 meeting.

Comments can be sent electronically to
P65Public.Comments@oehha.ca.gov or can be mailed, faxed, or delivered in person to:

Mailing Address:
Ms. Monet Vela
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-58D
Sacramento, California 95812-4010

Street Address:
1001 I Street
Sacramento, California 95814
Fax: (916) 323-2265

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Meeting Webcast
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PREVIOUS INFORMATION:
California’s Office of Environmental Health Hazard Assessment (OEHHA) posted notice of intent to list Bisphenol A (BPA) under Proposition 65 on January 25, 2013. The notice initiated a 30-day public comment period that was scheduled to close on February 25, 2013. OEHHA received a request from several interested parties seeking an extension to the public comment period to allow for the submission of scientific information for BPA. OEHHA responded by extending the public comment period until March 27, 2013.

On March 1, 2013, the American Chemistry Council (ACC) filed suit to halt the addition of BPA on the Prop 65 chemical list (American Chemistry Council v Office of Environmental Health Hazard Assessment, et al., Sacramento case #34-2013-00140720). On April 11, 2013, OEHHA published public notice that BPA was added to the Prop 65 chemical list. However, on April 19, 2013, the Honorable Raymond Cadei issued a preliminary injunction requiring OEHHA to delist BPA pending resolution of the ACC suit.


PREVIOUS INFORMATION:
California’s Office of Environmental Health Hazard Assessment (OEHHA) posted notice of intent to list Bisphenol A (BPA) under Proposition 65 on January 25, 2013. The notice initiated a 30-day public comment period that was scheduled to close on February 25, 2013. OEHHA received a request from several interested parties seeking an extension to the public comment period to allow for the submission of scientific information for BPA. OEHHA responded by extending the public comment period until March 27, 2013.

A chemical is listed under Proposition 65 when two conditions are met:

1. An authoritative body formally identifies the chemical as causing reproductive toxicity (Section 25306(d)).
2. The evidence considered by the authoritative body meets the sufficiency criteria contained in the regulations (Section 25306(g)).

OEHHA has determined that BPA, a component of polycarbonate plastic used in water bottles and epoxy resins used to line food cans, meets the criteria for listing under Proposition 65 based on findings by the National Toxicology Program (NTP). NTP’s report on BPA concluded that there was clear evidence that the chemical caused development toxicity in lab animals at high levels of exposure. NTP identified that BPA led to a decrease in litter sizes in rats and mice, adverse effects on prenatal or early postnatal growth in rats and mice, and delayed puberty in male mice and rats and female rats. Further information on experimental design, route of administration, numbers of test animals, choice of species, choice of dosage levels and maternal toxicity are found in the report: NTP-CERHR Monograph on Potential Human Reproductive and Developmental Effects of Bisphenol A. The report concludes that BPA causes developmental toxicity and satisfies the sufficiency of evidence criteria for Proposition 65 listing.
 
OEHHA is requesting comments on the basis of listing Bisphenol A under Proposition 65. Please submit all comments and relating documents to
P65Public.Comments@oehha.ca.gov with “NOIL-Bisphenol A” in the subject line by 5:00 p.m. on Monday, February 25, 2013.