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Chamber of Commerce v. Brown,

ELR Citation: 41 ELR 20201
Nos. No. A125493, (Cal. App. 1st Dist., 06/06/2011)

A California appellate court held that the Office of Environmental Health Hazard Assessment (OEHHA) may add chemicals to California's Proposition 65 list using the methodology set forth in Cal. Health & Safety Code §25249.8(a). Proposition 65 requires the government to publish a list of chemicals known to the state to cause cancer or reproductive toxicity. The California Chamber of Commerce argued that the method set forth at §25249.8(a), which requires listing of substances identified in the state's Labor Code, was only to be used when the list was initially created. The court disagreed. Although §25249.8 is ambiguous and the legislative history is neutral on the matter, Proposition 65 is a remedial statute and should be broadly construed to accomplish its protective purposes. Accordingly, the Labor Code reference method continues to specify the minimum content of the Proposition 65 list as it is revised and republished.