June 22, 2009
CA to Add Chemicals to Proposition 65 List Using the So-Called "Labor Code Mechanism"
Arnold & Porter Advisory
On June 12, 2009, California's Office of Environmental Health Hazard Assessment announced its intention to add 30 chemicals to the list of substances known to the State to cause cancer or reproductive toxicity -- commonly known as the "Proposition 65 list" (or Prop 65 list). The clock is now running on a 30-day comment period. The State plans to list the chemicals using the so-called "Labor Code mechanism" -- a process that it rarely used in the past and is the subject of heated controversy and legal challenge.
