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Starting December 20, 2014, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Prop 65, companies with 10 or more employees manufacturing, distributing or selling the product(s) containing diisononyl phthalate (DINP)where the exposure to DINP is over the “safe harbor level” will be required to provide a clear and reasonable warning for that product.
Prop 65 requires the Governor of California to publish, at least annually, a list of chemicals1 known to the state to cause cancer or reproductive toxicity. Currently this list contains more than 920 chemicals. On December 20, 2013, the California Office of Environmental Health Hazard Assessment (OEHHA) added diisononyl phthalate (DINP)2 to the list of chemicals known to the State to cause cancer for purposes of Prop 65. Exposure that takes place less than 12 months subsequent to the listing of the chemical is exempt from Prop 65 warning label requirements. Hence DINP exposure from products above “safe harbor level” beginning December 20, 2014, will require clear and reasonable warning.
For DINP since there is no safe harbor level provided in Prop65 list of chemicals, businesses that expose individuals to that chemical would be required to provide a Proposition 65 warning, unless the business can show that the anticipated exposure level will not pose a significant risk of cancer.
For questions, please contact:
Dr. Pratik Ichhaporia