California Lists Sedaxane, Styrene Under Prop. 65

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Sedaxane and styrene are among the latest chemicals to be listed by California as requiring a Prop. 65 warning. Sedaxane is a seed treatment fungicide. It was listed under Prop. 65 as a carcinogen on July 1, and the warning requirement takes effect one year later, on July 1, 2017.

Styrene is used to make a wide variety of plastic consumer products, including polystyrene foodservice packaging such as drinking cups, egg cartons, meat packaging, plates and bowls, and take-out containers. The warning requirement takes effect on April 22, 2017. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed a safe harbor exposure level for styrene of no more than 27 micrograms per day. Exposure below this level would not require a warning.

Legal Challenge Delays Listing of Broadleaf Herbicides

A legal challenge has delayed the warning requirement for a group of herbicides used to control broadleaf weeds. OEHHA had sought to list atrazine, propazine, simazine, 2,4‑diamino‑6‑chloro-s-triazine (DACT), des-ethyl atrazine (DEA), and des-isopropyl atrazine (DIA) as causing reproductive harm, and proposed a safe harbor exposure level of no more than 100 micrograms per day.

Atrazine is used in growing corn and sugarcane, and on turf such as golf courses and residential laws. Propazine is used for sorghum crops, and simazine is widely used in growing grapes, apples, citrus, corn and wheat.

Formal listing of the herbicides has been delayed by a legal challenge by Syngenta. Although judgment was entered in favor of OEHHA on April 8, Syngenta has appealed and is asking the appellate court for a stay of the listing of these chemicals during the pendency of the appeal.  OEHHA opposed that request, and no decision has been issued by the appellate court. In the meantime, the chemicals do not appear on OEHHA’s list of Prop. 65 chemicals, at http://oehha.ca.gov/proposition-65/proposition-65-list

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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