Testing and Quality Control Methodology. 2.4.1 Beginning within one year of the Effective Date, Metagenics shall arrange for lead testing of the Product for which a warning is not being provided pursuant to Section 2.1 at least once a year for a minimum of three consecutive years by arranging for testing of five randomly selected samples of the Product, in the form intended for sale to the end-user, which Metagenics intends to sell or is manufacturing for sale in California, directly selling to a consumer in California or “Distributing into the State of California.” If tests conducted pursuant to this Section demonstrate that no Warning is required for the Product during each of three consecutive years, then the testing requirements of this Section will no longer be required. However, if during or after the three-year testing period, Metagenics changes ingredient suppliers for the Product and/or reformulates the Product, Metagenics shall test the Product annually for at least two (2) consecutive years after such change is made.
Testing and Quality Control Methodology. 2.2.1 Within One Hundred and Eighty (180) days of the Effective Date, Xxxxxxx Xxxxx shall arrange for lead testing of five (5) randomly selected samples of the Product, in the form intended for sale to the end-user, which Xxxxxxx Xxxxx intends to distribute into or directly sell in California. The testing requirement does not apply to the Product if Xxxxxxx Xxxxx has provided a warning as specified in Section 2.1.
Testing and Quality Control Methodology. 3.4.1 To the extent that PGI decides to sell Reformulated Covered Product, PGI shall arrange, for at least one year commencing one year from the Effective Date, for the lead testing of three (3) randomly selected samples of three separate lots (or the maximum number of lots available if less than three), to confirm whether the exposure to lead is more or less than 0.5 micrograms of lead per day. For purposes of this Agreement, average daily exposure levels shall be measured in micrograms per day and shall be calculated using the following formula: the average concentration of lead in the product in micrograms per gram, multiplied by grams of product consumed per day of the product (using 4.29 grams per day pe the NHANES Study or otherwise pursuant to Section 3.1 above. The testing requirements of this Section 3.4.1 do not apply to any of the Covered Product for which PGI has provided a warning as specified in Section 3.2. Further, PGI is only required to produce information under this paragraph if it is selling the Reformulated Covered Product in California.
Testing and Quality Control Methodology. 3.4.1 To the extent that SEA SNACK decides to sell Reformulated Covered Product in California, SEA SNACK shall arrange, for at least two (2) consecutive years and at least once per year, commencing one year from the Effective Date, for the Lead testing of five (5) randomly-selected samples of five separate lots (or the maximum number of lots available if less than five) each year for each Covered Product to confirm whether the exposure to Lead from the maximum serving size is more or less than 0.5 micrograms of Lead per day. For purpose of this Agreement, average daily exposure levels shall be measured in micrograms per day, and shall be calculated using the following formula: the average concentration of Lead in the product in micrograms per gram, multiplied by grams of the product per serving of the product (using the serving size appearing on the product label), multiplied by frequency of consumption of once every fourteen (14) days. The testing requirements of this Section 3.4.1 do not apply to any of the Covered Products for which SEA SNACK has provided a warning as specified in Section 3.2 Further, SEA SNACK is only required to produce information under this paragraph if it is selling Reformulated Covered Products in California.
Testing and Quality Control Methodology. 3.4.1 Beginning within one year of the Effective Date, Nuzest USA shall arrange for lead testing of the Covered Products at least once a year for a minimum of five (5) consecutive years by arranging for testing of three (3) randomly selected samples of the Covered Products, in the form intended for sale to the end-user, which Nuzest USA intends to sell or is manufacturing for sale in California, directly selling to a consumer in California or “Distributing into the State of California.” If tests conducted pursuant to this Section demonstrate that no Warning is required for any of the Covered Products during each of the five (5) consecutive years, then the testing requirements of this Section will no longer be required as to that Covered Product. However, if during or after the five-year testing period, Nuzest USA changes ingredient suppliers for the Covered Products and/or reformulates the Covered Products, Nuzest USA shall test the applicable Covered Products annually for at least four (4) consecutive years after such change is made.
Testing and Quality Control Methodology. To the extent that SEMPIO decides to sell Reformulated Covered Product, SEMPIO shall arrange for at least two (2) consecutive years and at least once per year, commencing one year from the Effective Date, for the lead testing of five (5) randomly- selected samples of five separate lots (or the maximum number of lots available if less than five) each year for each Covered Product to confirm whether the exposure to lead from the maximum serving size is more or less than 0.5 micrograms of lead per day or
