All about the Intent to List Trivalent Compounds under California Prop 65

2 Dec 2022

Background

The state of California prohibits on contaminating drinking water with chemicals known to cause Cancer or reproductive toxicity and is called California proposition 65 officially.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is responsible for identifying and evaluating environmental chemicals that may be harmful to human health, and for establishing health-based exposure limits for those chemicals. One of the chemicals that OEHHA is currently evaluating is antimony (trivalent compounds).

Antimony (Trivalent Compounds)

Antimony is a metallic element that is found naturally in the earth’s crust. It is used in a variety of industrial and commercial products, including flame retardants, plastics, and pigments. Some antimony compounds have been shown to be toxic to humans, and long-term exposure to high levels of antimony in the air, water, or soil can cause health effects.

OEHHA is currently evaluating the potential health effects of antimony (trivalent compounds) as part of the process of determining whether to list the chemical as a “developmental toxicant” under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. If OEHHA determines that antimony (trivalent compounds) meets the criteria for listing as a developmental toxicant, it will be added to the Proposition 65 list of chemicals known to cause birth defects or other reproductive harm. This would require manufacturers, distributors, and retailers of products containing antimony (trivalent compounds) to provide warning labels to consumers.

It is important to note that the evaluation of a chemical’s potential health effects and the decision to list it as a developmental toxicant under Proposition 65 is based on scientific evidence and expert analysis, and is subject to ongoing review and revision as new information becomes available.

As per law, no person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water.

In the continued effort to identify such chemicals, listing or delisting of chemicals undergo the below steps:

  • Public notice that a chemical is under consideration for listing
  • A public comment period
  • Review of comments received
  • Notice of the final decision

On September 30th California Environmental Protection Agency of Environmental Health Hazard Assessment (OEHHA) intends to list antimony (trivalent compounds) as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
The public comment period started from September 30th, 2022, to October 31st 2022 and now OEHHA is reviewing the comment received before listing under prop 65 list.

For more information on how California Prop 65 regulation can affect your business in the US, talk to one of our compliance specialists today!