60 Day Notice 2022-02786

Beginning on the Effective Date, 4Excelsior shall be permanently enjoined from manufacturing for sale in the State of California, “Distributing into the State of California,” or directly selling in the State of California, (a) any Lead Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day (the current Maximum Allowable Dose Level (“MADL”) for lead as established by Office of Environmental Health Hazard Assessment (“OEHHA”)) and/or (b) any Mercury Covered Product that exposes a person to a “Daily Mercury Exposure Level” of more than 0.3 micrograms of mercury per day and/or (c) any Cadmium Covered Product that exposes a person to a “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day, all pursuant to the testing methodologies and levels of quantification set forth in Section 3 unless such Covered Product meets the warning requirements under Section 3.2. In the event OEHHA establishes an MADL for lead that is different from the current MADL of 0.5 micrograms of lead per day, and that is applicable to the Lead Covered Products, 4Excelsior shall be entitled seek a modification of this Consent Judgment pursuant to Section 5, and such modification shall not be unreasonably withheld by ERC. Likewise, in the event OEHHA establishes an MADL for mercury that is different from the Daily Mercury Exposure Level of 0.3 micrograms of mercury per day, and that is applicable to the Mercury Covered Products, 4Excelsior shall be entitled seek a modification of this Consent Judgment pursuant to Section 5, and such modification shall not be unreasonably withheld by ERC.