Common use of Testing and Quality Control Methodology Clause in Contracts

Testing and Quality Control Methodology. 3.4.1 To the extent that PGI decides to sell Reformulated Covered Product, PGI shall arrange, for at least one year commencing one year from the Effective Date, for the lead testing of three (3) randomly selected samples of three separate lots (or the maximum number of lots available if less than three), to confirm whether the exposure to lead is more or less than 0.5 micrograms of lead per day. For purposes of this Agreement, average daily exposure levels shall be measured in micrograms per day and shall be calculated using the following formula: the average concentration of lead in the product in micrograms per gram, multiplied by grams of product consumed per day of the product (using 4.29 grams per day pe the NHANES Study or otherwise pursuant to Section 3.1 above. The testing requirements of this Section 3.4.1 do not apply to any of the Covered Product for which PGI has provided a warning as specified in Section 3.2. Further, PGI is only required to produce information under this paragraph if it is selling the Reformulated Covered Product in California. 3.4.2 The Parties agree that the Reformulated Covered Product may be offered for sale in California without the warning stated in Section 3.2. 3.4.3 All testing pursuant to this Agreement shall be performed by an independent third-party laboratory certified by the California Environmental Laboratory Accreditation Program or an independent third-party laboratory that is registered with the United States Food & Drug Administration or other state governmental agency. 3.4.4 Testing for lead shall be performed using Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) achieving a limit of quantification of less than or equal to 0.010 mg/kg or any other testing method agreed upon in writing by the Parties. 3.4.5 Nothing in this Agreement shall limit PGI’s ability to conduct or require that others conduct additional testing of the Covered Product, including raw materials used in their manufacture. No such other testing must be produced to CTWG hereunder.

Testing and Quality Control Methodology. 3.4.1 To the extent that PGI SEA SNACK decides to sell Reformulated Covered ProductProduct in California, PGI SEA SNACK shall arrange, for at least one year two (2) consecutive years and at least once per year, commencing one year from the Effective Date, for the lead Lead testing of three five (35) randomly randomly-selected samples of three five separate lots (or the maximum number of lots available if less than three), five) each year for each Covered Product to confirm whether the exposure to lead Lead from the maximum serving size is more or less than 0.5 micrograms of lead Lead per day. For purposes purpose of this Agreement, average daily exposure levels shall be measured in micrograms per day day, and shall be calculated using the following formula: the average concentration of lead Lead in the product in micrograms per gram, multiplied by grams of the product consumed per day serving of the product (using 4.29 grams per day pe the NHANES Study or otherwise pursuant to Section 3.1 aboveserving size appearing on the product label), multiplied by frequency of consumption of once every fourteen (14) days. The testing requirements of this Section 3.4.1 do not apply to any of the Covered Product Products for which PGI SEA SNACK has provided a warning as specified in Section 3.2. 3.2 Further, PGI SEA SNACK is only required to produce information under this paragraph if it is selling the Reformulated Covered Product Products in California. 3.4.2 The Parties agree that the Reformulated Covered Product may be offered for sale in California without the warning stated in Section 3.2. 3.4.3 All testing pursuant to this Agreement shall be performed by an independent third-party laboratory certified by the California Environmental Laboratory third-party laboratory certified by the California Environmental Laboratory Accreditation Program or an independent third-party laboratory that is registered with the United States Food & Drug Administration or other state governmental agency. 3.4.4 Testing for lead Lead and Cadmium shall be performed using Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) achieving a limit of quantification of less than or equal to 0.010 mg/kg or any other testing method agreed upon in writing by the Parties. 3.4.5 Nothing in this Agreement shall limit PGISEA SNACK’s ability to conduct or require that others conduct additional testing of the Covered Product, including raw materials material used in their manufacture. No such other testing must be produced to CTWG hereunder.