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California’s Office of Environmental Health Hazard Assessment (OEHHA) has issued fact sheet for Proposition 65 Safe Use Determination (SUD) process.

The fact sheet is intended to inform businesses and the public about the process that OEHHA uses to develop Safe Use Determinations (SUDs) under Proposition 65. In addition, the SUD Process can clarify important questions as to whether a business will be subject to Proposition 65 requirements.

This fact sheet answers the following:

  • What is the purpose of this fact sheet?
  • What is Proposition 65 and what does it require?
  • What are the warning requirements?
  • Are there exceptions to the warning requirements or discharge prohibition?
  • Who implements and enforces Proposition 65?
  • What is a Safe Use Determination (SUD)?
  • What are some of the reasons a business or trade group might request a SUD from OEHHA?
  • Who can request a SUD?
  • How broadly may a SUD be applied?
  • What is the Requester’s role in the SUD process?
  • What is OEHHA’s role in the SUD process?
  • What is the usual process for requesting a SUD?
  • What happens after the SUD request is accepted?
  • What information should a request contain?
  • What is meant by “all relevant facts”?
  • What types of data make OEHHA’s acceptance of the request and issuance of the SUD more likely?
  • What constitutes acceptable quality for exposure data?
  • What if I don’t have data or information on exposure to a listed chemical in my product or business activity?
  • Does confidential business information on products or activities have to be provided for the SUD?
  • Why might a SUD request be rejected as incomplete?
  • Where can I get help in putting together a request for a SUD and the appropriate supporting materials?
  • Can a SUD request still be considered if no Safe Harbor number exists for a chemical listed under Proposition 65?
  • How much will a SUD request cost?
  • How long is the process from the time an application is accepted before a Safe Use Determination is issued?
  • Where can I find regulatory information about SUDs?
  • Safe Use Determination Request Checklist

The fact sheet was released on September 29, 2017.