Executive Summary

NDMA and other trade associations representing FDA-regulated industries submitted written comments at June 24 hearing on the repeal of a reg exempting FDA-regulated products from Prop. 65 warning requirements. The industry comments assert that the California EPA "cannot lawfully agree, outside the rulemaking process, to promulgate or repeal a regulation." While an agency "can agree to initiate rulemaking, it cannot lawfully commit itself in advance to any specific result." The California EPA agreed to repeal the exemption in a December 1992 out-of-court settlement of AFL-CIO, et al. v. George Deukmejian, et. al. ("The Tan Sheet" May 17, p. 7)...