INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards “Reformulated Products” are defined as those Products that: (a) contain no more than 90 parts per million (“ppm”) lead in any accessible component of the Products when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3050B or equivalent methodologies utilized by federal or state agencies for the purpose of determining lead content in a solid substance; and (b) yield no more than 1.0 microgram of lead on any surface sampled and analyzed pursuant to the NIOSH 9100 testing protocol.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards “Reformulated Products” are defined as those Products that: (a) contain no more than 90 parts per million (“ppm”) lead in any decoration, colored artwork, designs and/or marking on the surface of the Products when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3050B or equivalent methodologies utilized by federal or state agencies for the purpose of determining lead content in a solid substance; and (b) yield no more than 1.0 microgram of lead on any surface sampled and analyzed pursuant to the NIOSH 9100 testing protocol. If the decoration is tested after it is affixed to the Product, the percentage of the lead by weight must related only to the decorating materials and must not include any quantity attributable to non-decorating material (e.g., glass substrate).
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Commitment to Reformulate or Warn Commencing on the Effective Date and continuing thereafter, Xxxx shall only manufacture for sale, purchase for sale, or import for sale in California, Products that are either: (a) Reformulated Products as defined by Section 2.2, below; or (b) Products that are offered by Xxxx with a clear and reasonable warning pursuant to Section 2.3.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 The injunctive relief set forth in Section 2 shall not apply to any Products that are already in the stream of commerce as of the Effective Date (which have been taken into account in the assessment of the civil penalty in Section 3.1 below).
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards “Reformulated Products” are defined as those Products that: (a) contain no more than 90 parts per million (“ppm”) lead in any decoration, colored artwork, designs and/or marking on the surface of the Products when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3050B or equivalent methodologies utilized by federal or state agencies for the purpose of determining lead content in a solid substance;
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation/Warning Commitment As of the Effective Date, PetSmart shall not manufacture, import, distribute, or otherwise acquire for sale in the State of California the Products, unless they are Reformulated Products pursuant to Section 2.2, or carry appropriate health hazard warnings per section 2.3. The Parties agree and intend for compliance with the terms of this Settlement Agreement to constitute compliance with Proposition 65 with respect to exposures to lead from the Products, as set forth in the Notice
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. As of the Effective Date, Dolgen shall, in its sole discretion, either: (i) cease selling, offering for sale or distributing the Products in California; or (ii) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below; or (iii) sell, offer for sale, or distribute Products in California that are labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. Products that were manufactured for Dolgen, distributed to Dolgen, or supplied to Dolgen up to within 90 days of the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled, as they were included in the calculation if civil penalties.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. As of the date 180 days after the Effective Date, Diageo shall not manufacture, import, distribute, sell or offer the Products for sale in the State of California unless they are Reformulated Products pursuant to Section 2.1 or contain a clear and reasonable warning pursuant to sections 2.2. The Parties intend and agree that compliance with this Section 2 shall constitute compliance with Proposition 65 as it relates to lead in or on the Products.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards “Reformulated Products” are defined as those Products that contain lead in concentrations that do not exceed 90 parts per million (ppm) of lead by weight in any accessible component of the Products when measured either before or after the material is affixed to the Products and when analyzed pursuant to U.S. Environmental Protection Agency (EPA) testing methodologies 3050B. If the material is tested after it is affixed to the Product, the percentage of the lead by weight must relate only to the lead containing materials.
