After the Effective Date, unless the Settling Defendants provide a Proposition 65 compliant warning for the Covered Products as set forth below, they shall not sell in California, offer for sale in California, or ship for sale in California, any of the Covered Products manufactured after the Effective Date unless the level of the Listed Chemicals does not exceed the levels specified below. “Parts per billion” is hereinafter referred to as “ppb”.
3.1.1 Bamboo Products (as defined herein): Lead 20 ppb.
3.1.2 Cassava Products (as defined herein): Lead of 20 ppb.
3.1.3 Cinnamon (as defined herein): Lead of 200 ppb, Cadmium of 85 ppb.
3.1.4 Liquorice (as defined herein): Lead of 500 ppb
3.1.5 Ginger (as defined herein): Lead of 720 ppb, Arsenic of 20 ppb
3.1.6 Galangal (as defined herein): Lead of 720 ppb.
3.1.7 Cutcherry (as defined herein): Lead of 720 ppb.
3.1.8 Mushroom Products (as defined herein): Lead of 20 ppb, Cadmium of 34 ppb.
3.1.9 Pollock: Lead of 20 ppb.
3.1.10 Rice and Rice Paper Products (as defined herein): Lead of 56 ppb, and Arsenic of 15 ppb.
3.1.11 Anchovies (as defined herein): Lead of 34 ppb, Cadmium of 85 ppb.
3.1.12 Squid (as defined herein): Lead of 34 ppb, Cadmium of 34 ppb.
3.1.13 Eel (as defined herein): Lead of 34 ppb.
3.1.14 Fish (as defined herein): Lead of 34 ppb, Cadmium of 34 ppb.
3.1.15 Seaweed Products (as defined herein): Lead of 75 ppb, Cadmium of 85 ppb, and Arsenic of 15 ppb.
3.1.16 Sesame Products (as defined herein): Lead of 20 ppb.
3.1.17 Shrimp Paste and Shrimp Sauce: Lead of 40 ppb.
3.1.18 Any greater levels approved in writing by the Attorney General.
3.2 For any of the Covered Products that exceed their respective levels of the Listed Chemicals as set forth above that are manufactured for sale in California after the Effective Date, the Settling Defendants must provide a Proposition 65 compliant warning for the Covered Products as set forth below.
3.2.2 Except as otherwise provided herein in this Consent Judgment, any warning provided pursuant to this Section shall be provided:
(a) on the labeling of or affixed to the packaging of the Covered Products stating as set forth below, and shall be prominently placed set off from other surrounding information and enclosed in a box (the warning box may be black or white, at the Settling Defendants’ discretion, in 6-point font or larger, and the box requirement is not applicable to the “short-form” warning) with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use [language in brackets is optional]:
[California Prop 65] WARNING: Consuming this product can expose you to chemicals including lead, which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food
or
[California Prop 65] WARNING: Consuming this product can expose you to chemicals including cadmium, which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food
or
[California Prop 65] WARNING: Consuming this product can expose you to chemicals including arsenic, which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food
or
the “short-form” warning which need not be in a box:
[California Prop 65] WARNING: Cancer and Reproductive Harm --www.P65Warnings.ca.gov (Where the labelling on a product is not printed using the color yellow, the symbol may be printed in black and white.)
or
(b) by retail store warning signage (which need not be in a box and need not contain the triangle symbol) posted in reasonably close proximity to each point of display of the Covered Products in California retail stores stating as provided in Exhibit “B” which is attached hereto and made a part hereof as though set forth in full.
3.2.3 The Settling Defendants also agree to provide website warnings (which need not be in a box and need not contain the triangle symbol) compliant with Proposition 65 regulations for the Covered Products available for sale to California consumers through the Settling Defendants’ online websites and sold on such websites to customers in California as provided for in 27 CCR §§ 25602 and 25603, stating as follows [language in brackets is optional]:
[California Prop 65] WARNING: Consuming this product can expose you to chemicals including lead, which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov/food
or
[California Prop 65] WARNING: Consuming this product can expose you to chemicals including cadmium, which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food
or
[California Prop 65] WARNING: Consuming this product can expose you to chemicals including arsenic, which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food
or
[California Prop 65] WARNING: Cancer and Reproductive Harm --www.P65Warnings.ca.gov (the symbol may be shown in black and white instead of black and yellow.)
3.3 The Parties agree that the warning language described above shall constitute compliance with Proposition 65 with respect to the Listed Chemicals in the Covered Products manufactured for sale in California by the Settling Defendants after the Effective Date.
3.4 Notwithstanding anything to the contrary herein, for any Covered Product where the product packaging includes "consumer information" (as defined in the Proposition 65 regulations) in a language other than English, the warning must also be provided on the product packaging in that foreign language in addition to English, but otherwise, the product package warning only needs to be provided in English. For any Covered Product where the Defendant uses a warning sign to provide a Prop 65 warning which includes "consumer information" (as defined in the Prop 65 regulations) in a language other than English, the warning must also be provided in that foreign language in addition to English on the warning sign, but otherwise, when a sign does not contain consumer information in a language other than English, the warning on the warnings sign only needs to be provided in English.
3.5 Notwithstanding anything to the contrary herein, the Parties further agree that in lieu of the preceding warning content and methods set forth above, the Settling Defendants may use for the Covered Products any safe-harbor warning content and/or any other clear and reasonable warning, and any warning method applicable, set forth in Title 27, California Code of Regulations, § 25600, et seq., as from time to time amended, and that the Settling Defendants may also add supplemental information to any safe-harbor warning to the extent that it identifies the source of the exposure or provides information on how to avoid or reduce exposure to the identified chemical or chemicals as allowed by 27 CCR § 25601(e).
3.6 For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the Covered Products do not exceed their respective levels of Listed Chemicals listed in Section 3.1 above.
3.7 The Parties have agreed that an essential term of this settlement is that the injunctive relief agreed to herein is a full and complete recitation of this settlement term, as enumerated above, and acceptable to both Parties such that warnings may be provided without product reformulation when the Covered Products contain levels of Lead, Arsenic, and/or Cadmium in exceedance of the levels set forth in Section 3.1.
