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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 requests^1,2 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