On 17 June 2016, the California’s Office of Environmental Health Assessment (OEHHA) adopted a Maximum Allowable Dose Level (MADL) of 3 micrograms/day for bisphenol A (BPA) from dermal exposure from solid materials. The regulation will take effect from 1 October 2016.
Regarding the BPA enforcement, the initial BPA 60-Day notice of violation was issued on 14 June 2016. The first target product is thermal receipt papers. BPA was found on the surface of the thermal receipt papers. The routes of exposure for the violations are dermal absorption directly, and ingestion via hand-to-mouth contact after consumers touch or handle the products.
Now that the first 60-Day notice is out, it remains to be seen whether this low MADL (3 µg/day) for just dermal absorption will result in significant numbers of enforcement actions on other BPA-containing products (certain high risk materials such as polycarbonate, epoxy resin etc). This may be the beginning of a new wave of Prop 65 enforcement activity involving this chemical.
Below is the summary of recent updates for BPA.
On 11 May 2015, BPA was added to the California Proposition 65 (Prop 65) list of chemicals known to cause reproductive toxicity.
On 18 April 2016, due to the widespread use of BPA, OEHHA published the emergency regulatory action allowing the food and beverage sellers an option to use a warning sign at each point-of-sale for oral exposures to BPA from canned and bottled foods and beverages. It is effective for six months and will expire on 18 October 2016.
"WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA."
Effective on 11 May 2016, Prop 65 labeling is required for all exposures to BPA from products.
"WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm
The Center for Environmental Health (CEH) has served the first BPA 60-Day notice of violation. This initial Prop 65 BPA enforcement focuses on thermal receipt papers provided at restaurants.
Interestingly, the notice of violation references the receipt obtained on 11 May 2016, which is the same day that BPA was listed as reproductive toxicant.
On 27 June 2016, CEH has served another 60-Day notice of polycarbonate bottled water for BPA violation. The primary route of exposure is direct ingestion when consumers drink the water stored in the products.