On 8 February 2016, California’s Office of Administrative Law approved the amendment of Title 27, California Code of Regulations, section 25705, Specific Regulatory Levels Posing No Significant Risk for the chemical Diisononyl Phthalate (DINP). The most current No Significant Risk Level (NSRL) is 146 micrograms per day for DINP, which will be effective on April 1.

DINP was listed in the Proposition 65 list of chemicals known to the state to cause cancer or reproductive toxicity. Since its listing under Prop 65 DINP has been the subject of more than 250 60-day notices filed with the Office of the Attorney General. These serve to notify businesses of civil lawsuits being brought by private enforcers over alleged violations of Prop 65.

No Significant Risk Levels (NSRLs), as a representative of safe harbour levels, refer to the chemical dose that causes no more than 1 person to get cancer among 100,000 persons during 70 years. At or below this level, the Act does not require a warning or prohibit discharges of the chemical to sources of drinking water. California’s Office of Environment Health Hazard Assessment (OEHHA) issued a notice on 2 January 2015 proposing to establish a NSRL of 146mg/d for DINP. It says the establishment of NRSL provides safe harbour levels and may reduce litigation costs as it helps businesses to comply with Prop 65.

The Prop 65 compliance procedures are quite complicated. Prop 65 itself sets no limits for hazardous substances but only safe harbour levels. While substantial data are required from businesses to apply such safe harbour levels. Currently, Prop 65 regulates hazardous substances in products as per limits and test methods provided in the existing lawsuits or settlement agreements for the same product category. C&K Testing advises businesses to choose professional testing team to test hazardous substances as per test plans recommended by Prop 65 cases.

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Further information
Adopted NSRL for DINP
Proposition 65 List of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity (updated on 4 Dec. 2015)
List of Safe Habour Levels