OEHHA proposes that its safe use determinations create a rebuttable presumption

Proposition 65 is administered by the California Office of  Environmental Health Hazard Assessment (OEHHA). One of OEHHA's functions has been to issue "safe use" determinations for listed chemicals; as anyone can tell, the safe use determinations are few [only 2 have been issued in 20 years] and the listed chemicals are many. OEHHA has previously proposed that it will issue a safe use determination on its own initiative within a year of listing a chemical under Proposition 65. This is likely to apply only prospectively for new listings. Taking the next step, OEHHA now proposes to amend its regulations to state that its safe use determination ("SUD") is no longer advisory, but is a rebuttable presumption of compliance. To date this proposal has not seen any controversy. A meeting in July to accept comments had no one show up; there have also been no written comments on the proposal. The current pending version, however, is not exactly the same as what was proposed earlier. The application fee has been increased from $500 to $1,000; also, if OEHHA asks for information to assist with the SUD, it must be provided within 60 days. In light of the changes, a public comment hearing will occur on November 7, 2008, and written comments can be made until Nov. 21. For further details, see http://www.oehha.ca.gov/prop65/law/wrkshp062008.html [which unfortunately is not up to date as of this post]. See http://eartotheground.typepad.com/ to review prior posts on the same issue.