PERCHLORATE MAY BE ADDED TO PROPOSITION 65 LIST AS A REPRODUCTIVE TOXICANT

     According to the May 31, 2005 publication California Environmental Insider  (subscription only access), the California "Development and Reproductive Toxicant Identfication Committee" (or "DART") is considering whether or not to list perchlorate as a reproductive toxicant under  "Proposition 65".  As you may recall, this is the Proposition, passed overwhelmingly by the State's voters in 1986, that  (among other things) mandates a health warning be given in certain circumstances to persons exposed to a carcinogen or reproductive toxicant.  The DART Committee is scheduled to deliberate about perchlorate on August 11, 2005.

     If perchlorate is listed as a Proposition 65 reproductive toxicant, the ramifications of the listing will be highly noticeable to the average consumer.  Since reports of perchlorate contamination in, for example, lettuce and milk have surfaced (see Post of February 24, 2005), these food staples and perhaps others would have to bear health warnings.

     There is some chance that the levels of perchlorate found in lettuce and milk could be exempt from the warning requirement if the Office of Emergency Health Hazard Assessment ("OEHHA") establishes a "No Observable Effect" level covering the amounts of perchlorate found in these staples.   While, as previously covered in this Blog (see Post of April 5, 2005), OEHHA has established a Public Health Goal for perchlorate of 6 ppb in drinking water, technically this standard is irrelevant to establishing an exemption from a duty to warn under Proposition 65.  The exemption standard could be set higher or lower.

     California Environmental Insider reports that comments to the DART Committee on whether or not to list perchlorate can be submitted until a deadline of July 19, 2005.  For further information, go to OEHHA's webpage discussing perchlorate.

     Frankly, it is strongly arguable that the major beneficiaries of any perchlorate warning requirement would be lawyers, not consumers.  As has happened with Proposition 65 listings in the past, the plaintiffs' bar will benefit from bringing suits alleging failure-to-warn and the defense bar will benefit from defending those suits.

     However, as detailed on this Blog (Post of March 9, 2005), it is unlikely that perchlorate contamination of foodstuffs is having any impact on health in the United States.  While perchlorate inhibits iodine uptake and thus in theory can lead to iodine deficiency, in fact consumers in this country (whether meat-eaters or vegetarians) appear to take in enough iodine from non-perchlorate impacted food to offset any iodine uptake inhibited by the chemical's presence in such things as lettuce and milk.  Query whether society shouldn't expend its resources on higher health priorities?

    

Comments

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[Heather]

Yes, it applies to organic lettuce and milk too. Genreally the relevant fact is whether the water supplies used for the cows or crops are contaminated with perchlorate. If they use Colorado river water (which most of Southern California does from northern LA down to Mexico) there is probably some amount of perchlorate. For other areas of the state, it will vary based on the water source(s) use.

[Stephen Holzer]

Robin-

Perchlorate is used in making, among other things, rocket fuel. Perchlorate waste in some cases has contaminated groundwater which, when used to irrigate crops/feedstock then is absorbed by the crops/livestock (and the livestock's milk). Whether the lettuce/milk is organic or not does not matter.

However, as noted in the June 20 Post, what DOES (or should) matter is whether or not the contamination causes iodine deficiency in people who eat the lettuce/drink the milk. As one of the previous Posts cited in the June 20 Post observed, there does not appear to be iodine deficiency in the US population because people in the US generally have plenty of alternative sources of iodine which compensate for any deficiency in lettuce/milk caused by perchlorate.

[Robin]

Regarding Perchlorate found in lettuce and milk, how did it get there?
Also, does this include ORGANIC cow and goat milk?
Does it also include ORGANIC lettuce, as well as other ORGANIC produce?
If not, then there should be a specification of what types of produce is affected instead of lumping all lettuce or all milk/dairy products into a warning or discussion of the warning.