A plan by California environmental officials to list a commonly used herbicide as cancer-causing should be withdrawn, Monsanto Co told state regulators on Tuesday, saying California’s actions could be considered illegal because they are not considering valid scientific evidence.

The formal comments were filed by Monsanto with the state’s Office of Environmental Health Hazard Assessment (OEHHA), part of California’s environmental regulatory office, on the final day the state accepted public comments about its intention to list glyphosate as a cause of cancer.

Glyphosate is the main ingredient in Monsanto’s Roundup herbicide as well as many other herbicides.

The OEHHA gave notice in September that it intended to list glyphosate under Proposition 65, a state initiative enacted in 1986 to inform residents about cancer-causing chemicals. State officials said the action is required after the World Health Organization’s (WHO) cancer research committee in March classified glyphosate as a probable human carcinogen.

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