This notice is brought to you by the OEHHA.



Effective November 8, 2013, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) changes the basis for the listing of nitrous oxide as known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 19861.  The original listing date for nitrous oxide of August 1, 2008 remains the same.

Nitrous oxide was originally added to the Proposition 65 list as causing reproductive toxicity pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a). Based on changes to certain federal regulations that affect the basis for the original listing, OEHHA has accordingly changed the basis for listing nitrous oxide. OEHHA determined that nitrous oxide met the criteria for listing via the “authoritative bodies” listing mechanism2 and is changing the basis for listing the chemical based on the identification of female reproductive and developmental endpoints by the National Institute for Occupational Safety and Health (NIOSH).

The basis for listing nitrous oxide was described in a public notice published in the September 20, 2013, issue of the California Regulatory Notice Register (Register 2013, No. 38-Z.) The title of the notice was “Notice of Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Nitrous Oxide.” The publication of the notice initiated a public comment period that closed on October 21, 2013. No public comments were received.



For more information and the full notice please refer to the OEHHA link above.


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