How are chemicals added to the Proposition 65 list?
The list began with a few chemicals and now includes more than 700. According to the law, chemicals may be added to the list in one of three ways. The first method described in the statute is “if in the opinion of the state’s qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity.” There is no definition of “state’s qualified experts.” The second method is “if a body considered to be authoritative by such experts has formally identified it as causing cancer or reproductive toxicity.” The third method is “if an agency of the state or federal government has formally required it to be labeled or identified as causing cancer or reproductive toxicity.” Authoritative bodies include the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, the National Toxicology Program, and the National Institute of Occupational Safety and Health. The list must be updated once
