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.
3.4.2 The Parties agree that the Reformulated Covered Product may be offered for sale in California without stated in Section 3.2.
3.4.3 All testing pursuant to this Agreement shall be performed by an independent third-party laboratory certified by the California Environmental Laboratory third-party laboratory certified by the California Environmental Laboratory Accreditation Program or an independent third-party laboratory that is registered with the United States Food & Drug Administration or other state governmental agency.
3.4.4 Testing for Lead and Cadmium shall be performed using Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) achieving a limit of quantification of less than or equal to 0.010 mg/kg or any other testing method agreed upon in writing by the Parties.
3.4.5 Nothing in this Agreement shall limit SEA SNACK’s ability to conduct or require that others conduct additional testing of the Covered Product, including raw material used in their manufacture.
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.
2.2.2 For purposes of measuring the Daily Exposure Level, the average lead detection result of the five (5) randomly selected samples of the Covered Product will be controlling. To the extent that no lead is detected in any sample, the lead level will be deemed zero for that sample for purposes of calculating the average lead detection result of the five samples.
2.2.3 Testing pursuant to this Settlement Agreement shall be performed using a laboratory method that complies with the performance and quality control factors appropriate for the method used, including limit of detection, qualification, accuracy, and precision that meets the following criteria: Inductively Coupled Plasma-Mass Spectrometry (“ICP-MS”) achieving a limit of quantification of less than or equal to 0.010 mg/kg or any other testing method subsequently agreed to in writing by the Parties.
2.2.4 Testing pursuant to this Settlement Agreement shall be performed by Eurofins Food Chemistry Testing Madison, Inc. or any other independent third-party laboratory that is chosen by Xxxxxxx Xxxxx and that is ISO 17025 accredited.
2.3.5 Nothing in this Settlement Agreement shall limit Xxxxxxx Xxxxx’x ability to conduct, or require that others conduct, additional testing of the Product, including the raw materials used in their manufacture.
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
2.4.2 For purposes of measuring the “Daily Lead Exposure Level,” the average lead detection result of the five (5) randomly selected samples of the Product will be controlling.
2.4.3 All testing pursuant to this Agreement shall be performed using a laboratory method that complies with the performance and quality control factors appropriate for the method used, including limit of detection, qualification, accuracy, and precision that meets the following criteria: Inductively Coupled Plasma-Mass Spectrometry (“ICP-MS”) achieving a limit of quantification of less than or equal to 0.010 mg/kg.
2.4.4 All testing pursuant to this Agreement shall be performed by an independent third party laboratory certified by the California Environmental Laboratory Accreditation Program or an independent third-party laboratory that is registered with the United States Food & Drug Administration.
2.4.5 Nothing in this Agreement shall limit Metagenics’ ability to conduct, or require that others conduct, additional testing of the Product, including the raw materials used in their manufacture.
2.4.6 Within thirty (30) days of CSI’s written request (which shall not be made more than once per year), Metagenics shall deliver lab reports obtained pursuant to Section
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
3.4.2 For purposes of measuring the “Daily Lead Exposure Level,” the highest lead detection result of the three (3) randomly selected samples of the Covered Products will be controlling.
3.4.3 All testing pursuant to this Agreement shall be performed using a laboratory method that complies with the performance and quality control factors appropriate for the method used, including limit of detection and limit of quantification, sensitivity, accuracy, and precision that meets the following criteria: Inductively Coupled Plasma-Mass Spectrometry (“ICP-MS”) achieving a limit of quantification of less than or equal to 0.005 mg/kg.
3.4.4 All testing pursuant to this Agreement shall be performed by an independent third-party laboratory certified by the California Environmental Laboratory Accreditation Program or an independent third-party laboratory that is registered with the United States Food & Drug Administration.
3.4.5 Nothing in this Agreement shall limit Nuzest USA’s ability to conduct, or require that others conduct, additional testing of the Covered Products, including the raw materials used in their manufacture.
3.4.6 Within thirty (30) days of ERC’s written request, Nuzest USA shall deliver lab reports obtained pursuant to Section 3.4, and related documentation, to ERC. Nuzest USA shall retain all such lab reports and related documentation for a period of five years from the date of each test. Any request by ERC for lab reports and related documentation shall be made prior to the expiration of the five-year time period identified in this section 3.4.6.
3.4.7 The testi...
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
4.1 micrograms of Cadmimum 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 per serving of the product (using the serving seize appearing on the product label), multiplied by frequency of consumption of once every fourteen (14) days. The testing requirements of this Section 2.1.1 do not apply to any of the Covered Products for which SEMPIO has provided a warning as specified in Section All testing pursuant to this Agreement shall be performed by an independent third-party laboratory certified by the California Environmental Laboratory Accreditation Program or an independent third-party laboratory that is registered with the United States Food & Drug Administration or other state governmental agency. Testing for lead shall be performed using Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) achieving a limit of quantification of less than or equal to 0.010 mg/kg or any other testing method agreed upon in writing by the Parties.
Testing and Quality Control Methodology. All mercury concentration testing pursuant to this Agreement shall be performed using a laboratory method that complies with the performance and quality control factors appropriate for the method used, including limit of detection, limit of quantification, accuracy, and precision and meets the following criteria: Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) achieving a limit of quantification of less than or equal to 0.010 mg/kg or any other testing method subsequently agreed upon in writing by the Parties.
