Injunctive Relief:
Commencing on the effective date of the settlement agreement, and continuing thereafter, Covered Products that Hampton imports, manufactures and/or sells or offers for sale or purchase for sale in or into California, shall be deemed to comply with Proposition 65, and be exempt from any Proposition 65 warning requirements with respect to lead if they meet the standard of “Reformulated Products.” “Reformulated Products” shall mean that they use decorating materials containing less than 0.06% lead by weight as measured at Hampton’s option either before or after the material is fired onto (or otherwise affixed to) the Covered Product, using a sample size of the materials in question measuring approximately 50-100 mg and a test method of sufficient sensitivity to establish a limit of quantitation of less than 600 ppm, or achieves a result of 0.99 ppm or less for lead when tested under the ASTM C 738-81 test method, modified for total immersion and comparison to internal volume.
For decorations within the top 20 millimeters of the exterior surface, they shall not contain more than 0.02% lead by weight using a sample size of materials in question measuring approximately 50-100 mg and a test method of sufficient sensitivity to establish a limit of quantitation of less than 2000 ppm. Products that do not meet the standard of Reformulated Products shall be accompanied by a warning that complies with the relevant regulations.
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