Food Safety Matters. Except for matters that would not reasonably be expected to, individually or in the aggregate, have a Company Material Adverse Effect:
Food Safety Matters. (a) Except as otherwise set forth on Disclosure Schedule 5.10, the Business is, and has been since January 1, 2016, conducted in compliance with all Applicable Laws related to the development, cultivation, manufacture, production, import, export, packaging, packing, labeling, handling, storage, transportation, distribution, purchase, sale, advertising or marketing of food and related products (collectively, “Applicable Food Safety Laws”), except as would not be material to the Acquired Business. Without limiting the generality of the immediately preceding statement, except as otherwise set forth on Disclosure Schedule 5.10 and except as would not be material to the Acquired Business:
Food Safety Matters. 15 Section 2.20
Food Safety Matters. (a) To the Company’s knowledge, since the Reference Date, except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, all products manufactured, marketed, sold or distributed by or on behalf of the Company or its Subsidiaries (“Company Products”) have complied and are in compliance in all material respects with all applicable Food Laws. (b) All Company Products manufactured or processed by or for the Company or any of its Subsidiaries for introduction into United States commerce consist only of FDA- approved food and color additives, prior sanctioned substances and “generally recognized as safe” ingredients. (c) Neither the Company, any Subsidiary nor any Company Product has been the subject of any adverse notification from any Governmental Authority (including any inspection reports on Form 483, FDA Notice of Intended Enforcement, Notice of Suspension by the USDA or enforcement action, warning letter, untitled letter, seizure, injunction, fine or sanction, civil or criminal action issued, initiated, or threatened in writing by the FDA, USDA, FTC, any comparable
Food Safety Matters. Since January 1, 2019, neither the Seller nor the Majority Shareholders has received any written notice, or to the knowledge of the Seller any oral notice, from any Person of any claim or potential claim against it relating to bodily injury, death or other disability caused by the products sold by the Seller, and to the knowledge of the Seller, there are no facts or circumstances which would cause a Person to reasonably believe any such claim or potential claim exists or is likely to occur. To the knowledge of the Seller, no product distributed or sold by the Seller would have warranted legal action by any governmental authority so that a product recall or post-sale warning should have occurred or did, in fact, occur. The Seller and, to the knowledge of the Seller, its suppliers are, and at all times since January 1, 2019, have been, in material compliance with all applicable Laws related to the purchase, preparation, labeling, storage, handling, maintenance, distribution and sale of food products, including under the applicable provisions of the Federal Food, Drug and Cosmetic Act, the Federal Meat Inspection Act of 1906, the Poultry Products Inspection Act of 1957, the Organic Foods Production Act of 1990, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and the Country of Origin Labeling requirements. Neither the Seller nor the Majority Shareholders has received any written notice, or to the knowledge of the Seller any oral notice, from any
Food Safety Matters. (a) Since June 30, 2014, the Company and its Subsidiaries have not released products that, as of the date of shipment, are “adulterated,” “misbranded,” or otherwise unfit for human consumption under the applicable Food Safety Laws, except as would not be material to the Company and its Subsidiaries, taken as a whole.
Food Safety Matters. Each of the Company and its Subsidiaries: (a) is, and since the Lookback Date has been, in compliance in all material respects with all Food Safety Requirements, including obtaining, maintaining, and complying with all Company Permits required pursuant to any Food Safety Requirements; (b) has not received any written notice, report or other information regarding any actual or alleged material violation of Food Safety Requirements or any material liabilities (contingent or otherwise) arising under any Food Safety Requirements, and are not subject to any material Proceedings from any Governmental Authority or any other Person relating to Food Safety Requirements; (c) has not released or exposed any person to any food contaminants or adulterants, food poisoning or sickening, pests, mold or microbial agents, foreign objects, nor any recalls, facility shutdowns, misbranding, mislabeling or other food-related conditions with respect to their facilities, in each case so as to give rise to any material liabilities (contingent or otherwise), including any corrective, investigatory or remedial obligations under Food Safety Requirements; (d) is, and since the Lookback Date has been, in compliance in all material respects with Food Safety Requirements regarding products and ingredients manufactured, processed, prepared, packaged, stored, distributed or sold by, for, on behalf of, or supplied by the Company and its Subsidiaries; and (e) has furnished to Parent and Merger Sub all food safety audits, reports and other material food safety documents relating to the products, facilities or operations of the Company and its Subsidiaries which are in their possession or reasonable control.
Food Safety Matters. The Acquired Companies are and, for the past two (2) years have been, in compliance in all material respects with all Laws applicable to the Acquired Companies relating to the storage, transportation, sale, labeling, and advertising by the Acquired Companies of the food products sold in the convenience stores operated by the Acquired Companies.
Food Safety Matters. Since January 1, 2019, no Seller or Majority Shareholder has received any written notice, or to the knowledge of the Sellers any oral notice, from any Person of any claim or potential claim against it relating to bodily injury, death or other disability caused by the products sold by any of the Sellers, and to the knowledge of the Sellers, there are no facts or circumstances which would cause a Person to reasonably believe any such claim or potential claim exists or is likely to occur. To the knowledge of the Sellers, no product distributed or sold by any Seller would have warranted legal action by any governmental authority so that a product recall or post-sale warning should have occurred or did, in fact, occur. Each Seller and, to the knowledge of the Sellers, their suppliers are, and at all times since January 1, 2019, have been, in material compliance with all applicable Laws related to the purchase, preparation, labeling, storage, handling, maintenance, distribution and sale of food products, including under the applicable provisions of the Federal Food, Drug and Cosmetic Act, the Federal Meat Inspection Act of 1906, the Poultry Products Inspection Act of 1957, the Organic Foods Production Act of 1990, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and the Country of Origin Labeling requirements. No Seller or Majority Shareholder has received any written notice, or to the knowledge of the Sellers any oral notice, from any governmental authority or other Person of any violation of any such applicable Laws, and to the knowledge of the Sellers, there are no facts or circumstances which would cause a Person to reasonably believe any such violation or potential violation exists or is likely to occur. Each Seller has at all times since January 1, 2019, maintained, good industry standards with respect to the handling, packaging, maintenance, storing, labeling and distribution
Food Safety Matters. Each Group Company is, and for the past three (3) years has been, in material compliance with all applicable Food Safety Laws. For the past three (3) years there has not been a product recall by the Company or any Governmental Authority with respect to any food product produced, distributed, or sold by any Group Company. Company food products are and have been have been, to the extent applicable and required by Law, manufactured and held in a facility registered at all times with the US Food and Drug Administration (FDA), operating under a grant of inspection from USDA’s Food Safety and Inspection Service (as applicable), and otherwise appropriately licensed with all comparable Governmental Authorities, including state and local health authorities. No Group Company has received any written, or to the Knowledge of the Company oral, notice relating to any non-compliance with Food Safety Laws, or any Action, investigation, seizure or recall involving any food product produced or sold by any Group Company resulting from an alleged adulteration, misbranding, violation of Food Safety Laws, food poisoning or other adverse health effects (including allergic reactions). “Food Safety Laws” means the Federal Food, Drug, and Cosmetic Act, the Federal Trade Commission Act, applicable statutes and regulations of the United States Department of Agriculture, and analogous Laws of any Governmental Authority and their respective implementing regulations in each case which impose standards with respect to the quality and safety of food products intended for human consumption, including any such Laws relating to the handling, preparation, manufacturing, storage, distribution, marketing or sale of such products.
