Cal/EPA Intends to List BPA as Reproductive Toxicant Under Prop. 65
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA)
has issued a notice of its intent to list the chemical bisphenol A (BPA) as
a reproductive toxicant under the Safe Drinking Water and Toxic Enforcement
Act of 1986 (Prop. 65). The agency has proposed the action “under the
authoritative bodies listing mechanism,” noting that the National Toxicology
Program—Center for the Evaluation of Risks to Human Reproduction
published a report in 2008 concluding that “the chemical causes developmental toxicity in laboratory animals at high levels of exposure.” Comments
are requested by February 25, 2013.
OEHHA has also proposed adopting a maximum allowable dose level (MADL)
for BPA of 290 micrograms per day. Comments on this proposal are requested
no later than March 11, 2013. According to the agency, “Some businesses may
not be able to afford the expense of establishing a MADL and therefore may
have to defend litigation for a failure to warn or for a prohibited discharge of
the listed chemical. Adopting this regulation will save these businesses those
expenses and may reduce litigation costs.”
BPA is primarily used in the production of polycarbonate plastics and
epoxy resins for food and drink packaging, including cans and food storage
containers, water bottles and baby bottles. It is also found on cash register
receipts. See OEHHA Notice, January 25, 2013.
