The Real Estate & Environmental Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

BPA Intention to List, Deadline to Comment Extended

Posted in Agricultural Law, Food Safety, Prop 65

OEHHA issued a January 25th notice that initiated a 30‑day public comment period that was scheduled to close on February 25, 2013, for the listing of BPA. “Bisphenol A” or BPA is asserted to be a reproductive hazard. This notice also listed a safe harbor level that is also proposed; this number is higher than in the past and could satisfy concerns of industry that use it to line containers but not those on other types of packaging. BPA is used in a number of plastic products including baby bottles, water bottles and liners. The safe harbor level known as the maximum allowable dose level(“MADL”) for BPA exposure is to be set at 290 µg per day. Containers with products containing BPA below that level will not have to provide a prop 65 warning.

OEHHA has received requests from several interested parties, including the Grocery Manufacturers Association, the California Chamber of Commerce, the California League of Food Processors, and the California Manufacturers and Technology Association, seeking an extension of the comment period to allow for the submission of scientific information for Bisphenol A. They have extended the public comment period until 5 p.m., Wednesday, March 27, 2013.