OEHHA Seeks Comment on Whether to List Bisphenol A as Reproductive Toxicant

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a request for public comment on its determination that bisphenol A (BPA) “appears to meet the criteria for listing as known to the State to cause reproductive toxicity under Proposition 65, based on findings of the National Toxicology Program’s Center for the Evaluation of Risks to Human Reproduction (NTP-CERHR, 2008).” The notice states that BPA is a “[c]omponent in polycarbonate plastic used in water and baby bottles, present in epoxy resins used to line food cans and in dental sealants.”

Comments must be submitted by April 13, 2010. If requested by March 12, a public forum will be scheduled for the public to “discuss the scientific data and other relevant information on whether the chemical meets the criteria for listing in the regulations.” If OEHHA determines, after reviewing the comments, that BPA should be listed, the agency will publish a Notice of Intent to List and provide an opportunity for additional public comment. Those who manufacture and sell products containing substances listed under Proposition 65 must provide warnings to the public that the substances are known to the state to cause cancer or reproductive harm. Failure to do so generally allows private citizens and the attorney general to bring actions for violations of the law.