CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF
ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
SAFE
DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986
(Proposition
65)
NOTICE TO
INTERESTED PARTIES
April 7,
2017
(Posted
March 28, 2017)
CHEMICAL TO BE
LISTED
AS KNOWN TO
THE STATE OF CALIFORNIA TO CAUSE CANCER:
GLYPHOSATE
The Office of
Environmental Health Hazard Assessment (OEHHA) has determined that glyphosate
(CAS No. 1071-83-6) will be added to the list of chemicals known to the
state to cause cancer for purposes of Proposition 651. The effective date of this listing will be determined
following a decision from the Court of Appeal regarding a request for a stay in
the pending case Monsanto v OEHHA.2 A
separate Notice will be published, along with an updated Proposition 65 list,
when the chemical is added to the list.
1 The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and
Safety Code, section 25249.5, et seq.
2
Monsanto et al v OEHHA et al., Fresno County Superior Court case #16CECG00183,
recently appealed to the California Court of Appeal (5th District). A
case number has not yet been assigned.
3
International Agency for Research on
Cancer (IARC, 2006). Preamble. IARC Monographs on the Evaluation of
Carcinogenic Risks to Humans. World Health Organization, Lyon, France
Health and
Safety Code section 25249.8(a) incorporates California Labor Code section
6382(b)(1) into Proposition 65. Regulations describing the process for listing
chemicals via the Labor Code are set out in Title 27, Cal. Code of Regs.,
section 25904. The law requires that certain substances identified by the
International Agency for Research on Cancer (IARC) be listed as known to cause
cancer under Proposition 65. Labor Code section 6382(b)(1) refers to substances
identified as human or animal carcinogens by IARC. An explanation of the
carcinogenicity classifications used by IARC and the processes used by IARC to
develop these classifications may be found in the IARC Preamble3, which is also available at the following URL:
http://monographs.iarc.fr/ENG/Preamble/CurrentPreamble.pdf.
The basis for
the listing of glyphosate was described in a public notice published in the
September 4, 2015, issue of the California Regulatory Notice Register (Register
2015, -2- No. 36-Z). The title of the notice was “Notice of Intent to List
Chemicals by the Labor Code Mechanism: Tetrachlorvinphos, Parathion, Malathion,
and Glyphosate.” The publication of the notice initiated a public comment
period. OEHHA previously reviewed and responded to comments on the listing of
tetrachlorvinphos, parathion and malathion.
A public notice of the listings of these compounds was published in the May 20, 2016 issue of the California Regulatory Notice Register (Register 2016, No. 21-Z); and responses to the comments received were posted on OEHHA’s website on May 20, 20164.
A public notice of the listings of these compounds was published in the May 20, 2016 issue of the California Regulatory Notice Register (Register 2016, No. 21-Z); and responses to the comments received were posted on OEHHA’s website on May 20, 20164.
4 https://oehha.ca.gov/proposition-65/response-comments/oehhas-response-comments-tetrachlorvinphos-parathion-and-malathion
5
Health and Safety Code section 25249.10,
Title 27, Cal. Code of Regs., section 25701 et seq.
OEHHA received
9,183 comments relevant to glyphosate and OEHHA’s responses are posted with the
Notice of Intent to List and are available on OEHHA’s website.
OEHHA is
concurrently proposing a safe harbor level (No Significant Risk Level or NSRL)
for glyphosate.5 The NSRL should be finalized prior to
the effective date of the warning requirement for exposures to glyphosate.
|
In
summary, glyphosate will be listed under Proposition 65 as known to the State
to cause cancer, as follows: Chemical
|
CAS No.
|
Endpoint
|
Listing Mechanism*
|
|
Glyphosate**
|
1071-83-6
|
Cancer
|
LC
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