60 Day Notice 2018-01880

3.1. Commencing on the Effective Date, Venture shall not manufacture or order from any supplier any Covered Product for sale and distribution in California unless the product meets the reformulation standard set forth in Paragraph 3.2 or unless Venture provides a clear and reasonable warning for any non-reformulated Covered Product that it sells in California. 3.2. Except as provided above, effective on and after the Effective Date, Venture agrees to only sell in California, “Reformulated Covered Products.” 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) when analyzed pursuant to Environmental Protection Agency testing methodologies 3580A and 8270C, CPSC-CH-C1001-09.3, or equivalent methodologies utilized by federal or state agencies for the purpose of determining DEHP content in a solid substance, or any other methodology utilized by federal or state agencies for the purpose of determining phthalate content in a solid substance ("Reformulation Standard"). In order to determine compliance with this reformulation standard, Venture may rely on the results of third party testing conducted by an accredited laboratory.