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OEHHA Issues Safe Use Determination for DINP in Outdoor Furniture Products (January 2017)

California’s Environmental Protection Agency (Cal-EPA) Office of Environmental Health Hazard Assessment (OEHHA) has issued a Safe Use Determination (SUD) for diisononyl phthalate (DINP) in Phifertex fabric used in outdoor furniture products. The Safe Drinking Water and Toxic Enforcement Act requires OEHHA to issue SUDs when requested by businesses and trade groups. SUDS are written statements demonstrating proper compliance with Proposition 65 according to authoritative review. A SUD can be used to verify a company’s compliance record, as well as provide affirmation to the public that the properties used in and to produce a given product are in agreement with Proposition 65. OEHHA will issue a SUD to inform the company whether the product in question complies with the law and regulations, or whether the product in question requires a warning for exposure levels.

The request for review for DINP in Phifertex fabric was made by McKenna Long & Aldridge LLP (now Dentons US LLP) and Technology Sciences Group Inc (TSG) on behalf of Phifer Incorporated. TSG prepared the exposure assessment that formed the basis of this request. OEHHA accepted TSG’s conclusions that DINP exposures from Phifertex are insignificant and Proposition 65 warnings are not required. SUDs provide guidance on the application of exposure assessment methods under Proposition 65 and some adjustments were made to TSG’s approaches.

Supporting documentation for the Safe Use Determination is available on OEHHA’s website.

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