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California Lead Law
Suspension of Sales of Berkey® Systems
To California Residents
Beginning January 1, 2010
NOTE Some Berkey® systems are now available in California, please contact us for additional details.
California, has adopted AB 1953 / SB 1334 & 1395 / HSC Section 116875. This revised “no lead law” as it’s commonly known, went into effect January 1, 2010. The law stipulates that any “end-use device intended to convey or dispense water for human consumption through drinking or cooking,” as well as each of their individual components, materials and “pipe, pipe or plumbing fittings, or fixtures,” or flux, must be “lead free” as defined by California law. Under SB 1334, certification MUST be performed by an “independent ANSI-approved third party testing organization.” It appears that even if a product and each component of that product has no metal alloys and if a purification system actually reduces lead, under Section 116875, it must be certified. An example of this is our sport water purification bottle; each of its components as well as raw materials utilized will have to be certified.Our research indicates that there are at least two different certification standards available, but there seems to be some disagreement as to which standards will be acceptable to the state of California’s review Department of Toxic Substances Control (DTSC), the agency in charge of reviewing products and their certification. Further, while DTSC has issued an outline, it appears that the final protocols have yet to be settled upon. Throughout our ongoing research on this issue, we were unable to get clarification on the above requirements, instead it was suggested that “lawyers review the wording of the law to determine” how “they interpret the scope of the mandatory certification…” in what already appears to be a muddy mess. Unfortunately, many questions being asked simply couldn’t be answered by the January 1st deadline and as such, “strict compliance with the law” was recommended. In addition, should we desire to change any of our suppliers after certification, it appears that permission must be obtained by the certifying organization and that re-certification is mandatory, all at our own expense. At the end of this letter are just a few of the requirements needed to be certified, under this revised law.This revised law has put the burden of proof on the manufacturer, at great additional expense. As well, our research indicates that any raw materials that are used in water dispensing devices must also be certified by the manufacturer, even in such cases where no metal or metal alloys are used in the material. For example, our sport bottle body utilizes LDPE, which must be certified; even though it is common knowledge that LDPE contains no lead. Further, manufacturers are expected to reveal proprietary information regarding their systems, suppliers and manufacturers, without an absolute guarantee that such proprietary information will be kept confidential. Our concern is that if such proprietary information is conveyed to competitors, we would have no recourse.Therefore, we have reluctantly decided that until clarification is given on a whole host of unanswered questions, as of January 1, 2010, we have suspended sales of all Berkey®water filtration and purification products in the state of California. This also means that our dealers worldwide will not be able to ship Berkey® water filtration and purification systems to California residents.
We will continue to monitor the situation and as we get clarification on the issues for which we currently are unable to obtain answers, we will be able to make a determination as to whether it will be practical to pursue the matter further. As always, should you have any questions, please contact our customer service center. 888-803-4438. Thank you for your continuing interest in Berkey® water filtration and purification products.
…Listee shall pay to CC an inspection fee for any inspection conducted under the provisions of agreement. All costs of inspection, including laboratory fees if outside laboratory testing is required by CC, shall be borne by Listee…
…At the time of each inspection, the inspector shall have the right of immediate entry to all manufacturing and other areas, the right to require appropriate personnel to accompany the inspector, full access to all records, production and products, the right to take random samples, and the right to any other service the inspector reasonably deems to be necessary or appropriate to the proper completion of the inspection. Such inspections may be made at any time during normal business hours…
…Listee shall promptly furnish to CC, in writing, the street address, hours of operation, anticipated dates when plants will be temporarily closed or shut down, anticipated dates when plants will temporarily cease production and all local or state holidays of each plant where the listed product is being manufactured or to be manufactured by or on behalf of Listee, and each location where the listed product is warehoused or stored by or on behalf of Listee. Listee shall also provide the name and telephone number of a contact person for each such plant or storage location, both at the time of application for evaluation and in the event of any changes in this information. Listee shall provide such information for all plants and storage locations, whether foreign or domestic. If the product is imported or to be imported, Listee shall also provide the name, street address, telephone number and contact person of the importer and the consignee…
…Listee shall maintain the product design, quality and workmanship in accordance with the current applicable standards recognized by CC, or as such standards may be changed, and as incorporated in the samples and documents submitted for evaluation and inspection by the CC. In addition, Listee shall make no substantial change in material, manufacturing process, marking or design of the product without prior written approval of the CC. Listee acknowledges and agrees that (a) new drawings, tests and product samples may be required as a result of any such substantial changes; (b) any substantial change in the original product after acceptance and listing by CC which is not authorized by CC will automatically result in delisting of the product until such written approval is received; and (c) a new application, additional fees and test reports may be required in the event of any such delisting…
…Listee consents to the review of listee’s products by CC or its subcontractor and Listee shall permit CC or its subcontractor to make up to four (4) announced or unannounced continuous compliance inspections of; (a) each of Listee’s domestic and foreign manufacturing or storage facilities; (b) Listee’s records relating to quality control, production, quantity of inventory and shipping of listed products (collectively, “Records”); and (c) Listee’s products themselves during each listing year; provided, however, that in the event CC reasonably believes in good faith that Listee is not in compliance with the terms and conditions of this Listing Agreement, CC may make a reasonable number of additional announced or unannounced inspections of such facilities, records and products as it shall deem necessary or appropriate to protect its rights hereunder and to the Certification Marks. CC maintains the right to make inspections to any domestic or foreign manufacturing or storage facilities, which are owned or operated by Listee..
New Millennium Concepts Ltd.