California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) is seeking public comments on draft changes to those Proposition 65 (Prop. 65) regulatory provisions addressing no observable effect levels for listed chemicals. According to OEHHA, “[t]hese regulations set out the procedures and criteria for determining an exposure level where there would be no observable effect,” and the proposed changes would “clarify these procedures and criteria.” Comments are requested by October 31, 2010.  

Prop. 65 requires companies to provide warnings before exposing people to chemicals known to the state to cause cancer or reproductive toxicity. OEHHA is the lead agency implementing the law and maintains the Prop. 65 regulations.  

The agency has announced the availability of updated hazard identification materials for two chemicals widely used in industry and also formed in certain foods during processing. According to the updated materials, 1,3-Dichloro-2- propanol (1,3-DCP) and 3-Monochloropropane-1,2-diol (3-MCPD), were added to the Prop. 65 list on September 21, 2010. 1,3-DCP is apparently found in foods such as soy and oyster sauces, malt products, sausage, minced beef, ham, and battered and fried fish. It may also be present in food-contact materials and some paper products. 3-MCPD has been found in the same foods as well as in anchovies packed in oil, some cheeses, roasted or toasted cereals, breads and biscuits, and instant coffee and roasted coffee beans. See OEHHA News, September 30, 2010.