Joseph D. Agliozzo, Law Corporation
3.1. Effective on and after the Effective Date DALIX 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 DALIX 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 DALIX 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, DALIX may
rely on third party testing from an accredited laboratory.