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US: California received two safe use determination requests under proposition 65

MARCH 2019 - Relevant for: Hardlines

In the United States, the California Office of Environmental Health Hazard Assessment (OEHHA) has recently received two requests1,2 for Safe Use Determinations (SUD) for exposures to two listed chemicals under Proposition 653, bisphenol A in certain eyewear products and crystalline silica in specific wood filler products. The OEHHA is seeking public comment on the requests until 8 April 2019.

A Safe Use Determination (SUD)4 is a written statement issued by OEHHA, which provides the decision whether an exposure of a listed chemical resulting from a specific product is subject to the warning requirement. Any business (or businesses represented by a trade organization) which has 10 or more employees can submit the request of a SUD. Businesses are generally quite certain that their product do not require a warning, and would like a best judgment made by OEHHA to reinforce their claim.

The eyewear products are specified to prescription glasses, over-the-counter (OTC) reading glasses, non-prescription sunglasses, and safety glasses that manufactured, distributed or sold by The Vision Council member companies. The Vision Council5 on behalf of its member companies requests for a SUD that the exposures to bisphenol A from these eyewear products do not present significant risk of birth defects or reproductive harm and therefore do not require a Proposition 65 warning.

Another request was submitted by a wood company for a determination that the exposures to crystalline silica from four specific wood filler products do not have a significant cancer risk under Proposition 65.


[1] California Notice of the Request for a Safe Use Determination for Exposures to Bisphenol A

[2] California Notice of the Request for a Safe Use Determination for Exposures to Crystalline silica

[3] California Proposition 65 list

[4] Proposition 65 Safe Use Determination (SUD)

[5] The Vision Council

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