60 Day Notice 2023-00874

3.1. After the Effective Date, ROSS shall not order any Covered Products for sale into California unless: (1) the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or (2) there is a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Products that it sells in California. Compliance with this Settlement Agreement by ROSS shall constitute compliance under Proposition 65 with regard to Covered Products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, ROSS may rely on third party testing from an accredited laboratory. 3.3. The Parties agree that should ROSS choose to provide a Prop 65 warning concerning the Covered Product rather than reformulate the Covered Product, any Prop 65 warning used by ROSS must meet the requirements set forth in California Code of Regulations, Title 27, Article 6, subarticle 2 for products containing DEHP and appropriate in method and content for the given method of sale to the consumer.

3.1. Effective on and after the Effective Date NINGBO shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless NINGBO provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by NINGBO shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, NINGBO may rely on third party testing from an accredited laboratory. 3.3. The Parties agree that should NINGBO choose to provide a Prop 65 warning concerning the Covered Product rather than reformulate the Covered Product, any Prop 65 warning used by NINGBO must meet the requirements set forth in California Code of Regulations, Title 27, Article 6, subarticle 2 for products containing DEHP and appropriate in method and content for the given method of sale to the consumer.