Mike Rogge

OEHHA considering BPA for Prop 65 listing

By Mike Rogge

Capitol Update, March 13, 2015 Share this on FacebookTweet thisEmail this to a friend


The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment’s (OEHHA) Developmental and Reproductive Toxicant Identification Committee (DART) will consider Bisphenol A (BPA) for possible listing under Proposition 65 based on female reproductive toxicity at its next meeting on May 7th at 10:00 a.m. in Sacramento.

BPA is an industrial chemical produced in large quantities for use primarily in the production of polycarbonate plastics and epoxy resins. Polycarbonate plastics have many applications including use in some food and drink packaging, water bottles, compact discs, impact-resistant safety equipment, dental sealants and composites and medical devices.Epoxy resins are used as lacquers to coat metal products such as food cans, bottle tops, and water supply pipes.

This isn’t the first time that OEHHA has attempted to list BPA under Prop 65. In April 2013, OEHHA named BPA a developmental toxicant. The American Chemistry Council (ACC) sued almost immediately thereafter on the grounds that OEHHA relied on flawed health studies and exceeded its authority. On April 19th, 2013, a Sacramento County Superior Court judge issued an injunction ordering OEHHA to remove BPA from the list.

DART will now consider whether BPA has been clearly shown by scientifically valid testing to cause female reproductive toxicity. Back in July of 2009, DART asked OEHHA to revisit BPA if additional epidemiological or other specific types of data on reproductive and developmental toxicity became available.

The ACC is already charging that OEHHA’s latest move is counter to the most recent scientific studies. Earlier this year, the European Food Safety Authority and the U.S. Food & Drug Administration found that BPA is safe for use in consumer products for people of all ages, including unborn children and infants. The ACC states “Once again OEHHA is operating out of synch with the scientific consensus of other governmental agencies across the globe.”

Leading up to the meeting on May 7th, OEHHA has begun a 45-day comment period. All written comments must be received by OEHHA by 5:00 p.m. on April 6th.

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