On June 17, 2016, the Office of Environmental Health Hazard Assessment (“OEHHA”) enacted Proposition 65 Maximum Allowable Dose Level (“MADL”) for dermal exposures to Bisphenol A (“BPA”) from contact with solid materials.

Once the regulation takes effect on October 1, 2016, Proposition 65 warnings will be required for all dermal exposures to BPA above the 3 micrograms per day MADL.  Dermal exposures below 3 micrograms per day will not require a Proposition 65 warning.

BPA is a chemical known to the State of California to cause female reproductive toxicity under Proposition 65. On April 1, 2016, OEHHA proposed a Proposition 65 MADL for dermal exposures to BPA from contact with solid materials. “Solid materials” include, but are not limited to, items such as paper and plastics.

Note that this regulation will have no effect on the Emergency Regulation for oral exposures to BPA, which took effect on May 11, 2016. Oral exposures to BPA result from consuming canned and bottled foods and beverages which contain BPA in the lids, linings or caps of these food and beverage containers. Warning requirements for these products will continue to follow the guidelines established in the emergency regulation until a MADL can be established for oral exposures to BPA.

For more information regarding the dermal MADL for BPA or any other BPA regulations, please contact the Environmental, Health & Safety Practice Group. 

About Proposition 65
Proposition 65, the
 Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The Proposition was intended by its authors to protect California citizens and the State’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals.

Proposition 65 requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity.

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