60 Day Notice 2021-01710

Acrylamide Reduction Target Level and Compliance Date. Beginning on the Effective Date, CSE shall either (a) reformulate the Product to achieve a “Daily Acrylamide Exposure Level” no greater than 0.2 micrograms per day (for purposes of this Settlement Agreement, “Daily Acrylamide Exposure Level” shall be measured in micrograms and shall be calculated using the following formula: micrograms of acrylamide per gram of Product, multiplied by grams of product per serving of the Product with an assumed consumption rate of 5.3 grams of product per day; a Daily Acrylamide Exposure Level no greater than 0.2 micrograms is hereinafter referred to as the “Target Level”), or (b) comply with the provisions of Paragraphs 2.2 and 2.3 below. If CSE does not achieve the Target Level for Acrylamide by the Effective Date, CSE agrees to only manufacture, sell, import or distribute for sale in California (in person or online) the Product that is sold with a warning as provided for in this Paragraph and Paragraph 2.3. For Product that does not achieve the Target Level for Acrylamide, as set out in paragraph 2.1 above, and which is manufactured and packaged for distribution for authorized sale or use in California, CSE shall provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. CSE agrees that each warning shall be prominently placed 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. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, to minimize the risk of consumer confusion. (i) Changes in Warning Regulations or Statutes In the event that a court order or ruling by a California federal or state court, or the Office of Environmental Health Hazard Assessment (or another authorized agency) provides or promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than as provided under Proposition 65 or its Regulations, or legislation is enacted in or for California, CSE shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being in breach of this Agreement. If a court or regulations or legislation are enacted which provide that warnings as to Acrylamide in the Product are no longer required, a lack of warning by CSE shall not thereafter be a breach of this Agreement. If a California court approves a Proposition 65 settlement or consent judgment concerning Acrylamide for one or more of CSE competitors or ant release that provides for materially less onerous compliance measures, then CSE shall be entitled to forthwith replace the more onerous compliance measures set our herein with those less onerous measures.

Acrylamide Reduction Target Level and Compliance Date. Beginning on the Effective Date, CSE shall either (a) reformulate the Product to achieve a “Daily Acrylamide Exposure Level” no greater than 0.2 micrograms per day (for purposes of this Settlement Agreement, “Daily Acrylamide Exposure Level” shall be measured in micrograms and shall be calculated using the following formula: micrograms of acrylamide per gram of Product, multiplied by grams of product per serving of the Product with an assumed consumption rate of 5.3 grams of product per day; a Daily Acrylamide Exposure Level no greater than 0.2 micrograms is hereinafter referred to as the “Target Level”), or (b) comply with the provisions of Paragraphs 2.2 and 2.3 below. If CSE does not achieve the Target Level for Acrylamide by the Effective Date, CSE agrees to only manufacture, sell, import or distribute for sale in California (in person or online) the Product that is sold with a warning as provided for in this Paragraph and Paragraph 2.3. For Product that does not achieve the Target Level for Acrylamide, as set out in paragraph 2.1 above, and which is manufactured and packaged for distribution for authorized sale or use in California, CSE shall provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. CSE agrees that each warning shall be prominently placed 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. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, to minimize the risk of consumer confusion. (i) Changes in Warning Regulations or Statutes In the event that a court order or ruling by a California federal or state court, or the Office of Environmental Health Hazard Assessment (or another authorized agency) provides or promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than as provided under Proposition 65 or its Regulations, or legislation is enacted in or for California, CSE shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being in breach of this Agreement. If a court or regulations or legislation are enacted which provide that warnings as to Acrylamide in the Product are no longer required, a lack of warning by CSE shall not thereafter be a breach of this Agreement. If a California court approves a Proposition 65 settlement or consent judgment concerning Acrylamide for one or more of CSE competitors or ant release that provides for materially less onerous compliance measures, then CSE shall be entitled to forthwith replace the more onerous compliance measures set our herein with those less onerous measures.