On July 2, 2015, the Center for Environmental Health (CEH) submitted a petition to the Office of Health Hazard Assessment (OEHHA) for an administrative rulemaking to repeal or amend the Maximum Allowable Dose Level (MADL) for lead under Proposition 65. The basis for the petition was three-fold: (1) the original MADL for lead, established in 1989, did not meet the standards set forth for determining a MADL under Proposition 65, (2) OEHHA did not re-evaluated the MADL for lead in 2013 when it changed the basis for listing lead as a reproductive toxicant under Proposition 65, and (3) an appeals court ruling (Envt’l Law Found. V. Beech-Nut Nutrition Corp.  235 Cal.App.4th 307) had the effect of increasing the MADL from 0.5 ug/day to 7 ug/day. In response to this petition, OEHHA will initiate a rule making to update the existing MADL for lead. Given that lead has been the subject of numerous lawsuits and/or 60-day notices under Proposition 65, a change in the MADL for lead could have significant implications for companies doing business in California.
ToxStrategies scientists have substantial experience assisting our clients with Proposition 65 compliance, including derivation of safe harbor levels and estimating exposure to listed chemicals. We will follow OEHHA’s rulemaking process closely and provide future updates as warranted.
Documents pertaining to CEH’s petition and OEHHA’s response can be found here.