In the News
California Science Panel Declines to List BPA on Proposition 65
Sep 22, 2009
A California Science Panel voted unanimously on July 15 against recommending inclusion of Bisphenol A (BPA) on the State's list of chemicals that are "known to cause reproductive toxicity" under Proposition 65. The Developmental and Reproductive Toxicant Identification Committee (DARTIC) of California's Office of Environmental Health Hazard Assessment's (OEHHA) Science Advisory Board advises and assists OEHHA in identifying and compiling a list of chemicals known to the State to cause cancer or reproductive toxicity. DARTIC serves as the OEHHA Committee's qualified experts for determining whether a chemical has been clearly shown through scientifically valid testing according to generally accepted principles to be reproductive toxicants.
Prior to the Panel's meeting, representatives of industry, academia, consumer protection groups, government organizations, and the medical community submitted public comments to DARTIC for consideration. The agenda for the meeting included presentations by scientific experts from the Cancer and Reproductive Hazard Assessment Branch of OEHHA. These presentations were followed by oral comments from a number of parties interested in the expert panel's decision, including, consumers and environmental advocates urging the panel to list BPA so that warning labels would be added to foods." Details on the meeting, including a transcript, can be found here.
BPA is used as a starting monomer in the production of polycarbonate and epoxy resins; the former are employed in reusable food and beverage containers and the latter, in single service cans. In a January 18, 2008 notice, OEHHA indicated that it had selected BPA among five other chemicals for the DARTIC Committee's review for possible listing under Proposition 65 and was initiating the development of hazard identification materials on these chemicals. OEHHA compiled a thorough summary of the available toxicity studies on BPA. The toxicity of BPA has been evaluated by, among others, the National Toxicology Program's (NTP) Center for the Evaluation of Risks to Human Reproduction (CERHR) and by the U.S. Food and Drug Administration (FDA). FDA currently is undergoing another review of the safety of BPA. The Agency's findings are expected in November.
Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires the governor of California to publish a list of chemicals "known to the State to cause cancer or reproductive toxicity." The list is updated once a year. Among its provisions, the law requires "a clear and reasonable warning" to persons who may be exposed to chemical substances determined by the State to be carcinogens or reproductive toxicants. For more information on Proposition 65, see the Packaginglaw.com article titled, California's Proposition 65: A Regulatory Conundrum.
Dr. Carl Keen, a member of DARTIC urged "people in attendance to understand that the panel's decision would not be the last word on BPA." The Natural Resources Defense Council (NRDC) petitioned the State immediately following the DARTIC vote demanding that BPA be added to the list based solely on the conclusions of the NTP review. Under Proposition 65, a chemical can be added to the list if an "authoritative body" concludes it results in reproductive toxicity.