Reformulation Standards. A “reformulated” product (a) contains lead in concentrations that do not exceed 90 parts per million, equivalent to 0.009%, in any exterior parts analyzed pursuant to U.S. Environmental Protection Agency (EPA) methodologies 3050B and 6010B, or (b) yields a result of no more than 1.0 micrograms of lead when sampled according to NIOSH 9100 protocol and analyzed according to EPA 6010B. In addition to the above tests, the Settling Entity may use equivalent methods utilized by any California or federal agency to determine lead content in a solid substance or the amount of the bioavailability of the toxicant through a wipe test, respectively.
Reformulation Standards. Reformulated Products are defined as those Products containing DEHP in concentrations less than 0.1 percent (1,000 parts per million) when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3580A and 8270C or any other methodology utilized by federal or state agencies for the purpose of determining the DEHP content in a solid substance.
Reformulation Standards. The Products shall be deemed to comply with Proposition 65 with regard to Lead and be exempt from any Proposition 65 warning requirements for Lead in the Products does not exceed 0.5 micrograms of Lead per day (“Reformulated Products”). Products that were supplied or contracted to be supplied to third parties by Empire prior to 6 months after 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. For the Purpose of this Agreement, the amount of Lead a person is exposed to form the Covered Product shall be calculated using the following formula: micrograms of Lead per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of servings in recommended dosage appearing on the product label), which equals micrograms of Lead exposure per day.
Reformulation Standards. The Products shall be deemed to comply with Proposition 65 with regard to Lead and be exempt from any Proposition 65 warning requirements for Lead if the level of Lead in the Products does not exceed 10 ppb (parts per billion) (“Reformulated Products”). Products that were supplied or contracted to be supplied to third parties by Rite Aid prior to 6 months after 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.
Reformulation Standards. “Reformulated Products” are defined as the Accessible Components (meaning any component of the Products that could be touched by a person during reasonably foreseeable use) of those Products containing DINP in concentrations less than 0.1 percent (1,000 parts per million) when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3580A and 8270C or any other methodology utilized by federal or state agencies for the purpose of determining the DINP content in a solid substance.
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.
Reformulation Standards. For purposes of this Settlement Agreement, Reformulated Products comply with the following content limits: DEHP in concentration less than 1,000 parts per million (“ppm”) by weight in any Accessible Component (i.e. any component that may be touched or handled during a reasonably foreseeable use) when analyzed pursuant to EPA testing methodologies 3580A and 8270C, or equivalent methodologies utilized by state or federal agencies for the purpose of determining DEHP content in a solid substance.
Reformulation Standards. The Products shall be deemed to comply with Proposition 65 with regard to Cadmium and be exempt from any Proposition 65 warning requirements for Cadmium in the Products does not exceed 4.1 micrograms of Cadmium per day (“Reformulated Products”). Products that were supplied or contracted to be supplied to third parties by MTC prior to 6 months after 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. For the Purpose of this Agreement, the amount of Cadmium a person is exposed to from the Covered Product shall be calculated using the following formula: micrograms of Cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of servings in recommended dosage appearing on the product label), which equals micrograms of Cadmium exposure per day.
Reformulation Standards. As of the Effective Date, C-Line shall not ship, sell or offer to be shipped for sale in California any Product unless it is a “Reformulated Product,” which is a Product containing DEHP in concentrations less than 1,000 parts per million (the “DEHP Standard”) in each accessible component when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3580A and 8270C or any other methodology utilized by federal or state agencies for the purpose of determining DEHP content in a solid substance. However C-Line may ship, sell or offer to be shipped for sale in California a Product that does not meet the DEHP Standard, if the following conditions are met: (i) no Reformulated Product or equivalent DEHP-free substitute product (product containing no detectable DEHP) is “reasonably commercially available”; (ii) the Product is not primarily intended for use by individuals twelve years of age or younger; and (iii) C-Line complies with the warning requirements set forth in Section 2.2 below. For purposes of this Section 2.1 “reasonable commercial availability” shall include consideration of the following factors: availability and supply of a Reformulated Product or equivalent DEHP- free product; cost of the Reformulated Product or equivalent DEHP-free product; performance characteristics of the Reformulated Product or equivalent DEHP-free product, including but not limited to performance, safety, and stability. Upon request, C-Line shall produce to Xxxxx records demonstrating that a Reformulated Product or equivalent DEHP-free product is not reasonably commercially available.
Reformulation Standards. For purposes of this Settlement Agreement, Reformulated Products comply with the following content limits: DBP in concentration less than 1,000 parts per million (“ppm”) by weight in any Accessible Component (i.e. any component that may be touched or handled during a reasonably foreseeable use) when analyzed pursuant to EPA testing methodologies 3580A and 8270C, or equivalent methodologies utilized by state or federal agencies for the purpose of determining DBP content in a solid substance.
