60 Day Notice 2025-00335

3.1 GMI agrees, promises, and represents that after the Compliance Date, GMI shall either not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the “Daily Cadmium Exposure Level” does not exceed 4.1 micrograms of Cadmium , or provide a Proposition 65 compliant warning for such products sold in California if they exceed these levels as set forth in the following paragraphs. The “Daily Cadmium Exposure Level” shall be calculated by multiplying the serving size stated on the Covered Product packaging by the concentration of Cadmium in Covered Products. 3.2 For any Covered Products that exceed the levels of the Listed Chemicals set forth above that are manufactured for distribution and/or sale into California after the Compliance Date, GMI must provide a Proposition 65 compliant warning for the Covered Products as set forth in Proposition 65 and its implementing regulations and/or as set forth below. The warning shall be consistent with Title 27 California Code of Regulations, § 25607.2. The warning shall be provided for cancer and birth defects, or other reproductive harm. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it reasonably likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The warning must be set off from other surrounding information and enclosed in a box. Where the packaging of the Covered Product includes “consumer information” as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should GMI sell or distribute any Covered Products through the internet, the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602 et seq., as they may be subsequently amended, for sales to consumers in California. The Parties agree that warnings shall be compliant with Health & Saf. Code, § 25249.6 et seq, and 27 CCR 25600 and 25602 et seq., with respect to alleged Listed Chemicals in the Covered Products that are manufactured for distribution and/or sale into California by GMI after the Compliance Date.