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NOTICE of VIOLATION California Safe Drinking Water and Toxic

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NOTICE of VIOLATION California Safe Drinking Water and Toxic NOTICE OF VIOLATION California Safe Drinking Water and Toxic Enforcement Act Lead in Molasses September 7, 2018 This Notice of Violation (the “Notice”) is provided to you pursuant to and in compliance with California Health and Safety Code section 25249.7(d). For general information regarding the California Safe Drinking Water and Toxic Enforcement Act, see the attached summary provided by the California EPA (copies not provided to public enforcement agencies). This Notice is provided by the Center for Environmental Health (“CEH”), 2201 Broadway, Suite 302, Oakland, CA 94612, (510) 655-3900. CEH is a nonprofit corporation dedicated to protecting the environment, improving human health, and supporting environmentally sound practices. Charlie Pizarro is the Associate Director of and a responsible individual within CEH. Description of Violation: Violators: The names and addresses of the violators are identified on the attached Exhibit 1. Time Period of Exposure: The violations have been occurring since at least September 7, 2015, and are ongoing. Provision of Proposition 65: This Notice covers the “warning provision” of Proposition 65, which is found at California Health and Safety Code Section 25249.6. Chemical(s) Involved: The names of the listed chemicals involved in these violations are lead and lead compounds (“Lead”). Exposures to Lead occur from consumption of the products identified in this Notice. Type of Product: The specific type of product causing these violations is molasses. Non-exclusive examples of this specific type of product are identified on the attached Exhibit 1. Further limitations, if any, on the specific products subject to this Notice for each individual violator are also identified on Exhibit 1. Description of Exposure: This Notice addresses consumer exposures to Lead. Consumption of the products identified in this Notice results in human exposures to Lead. The products contain Lead. The primary route of exposure for the violations is direct ingestion when consumers eat the products or food from which these products are made. These exposures occur in homes, workplaces and everywhere else throughout California where the products are consumed. No clear and reasonable warning is provided with these products regarding the carcinogenic or reproductive hazards of Lead. Resolution of Noticed Claims: Based on the allegations set forth in this Notice, CEH intends to file a citizen enforcement lawsuit against each alleged violator unless such violator agrees in a binding written instrument to: (1) recall products already sold; (2) provide clear and reasonable warnings for products sold in the future or reformulate such products to eliminate the Lead exposures; and (3) pay an appropriate civil penalty based on the factors enumerated in California Health and Safety Code Section 25249.7(b). If any alleged violator is interested in resolving this dispute without resort to expensive and time-consuming litigation, please feel free to contact CEH through its counsel identified below. It should be noted that CEH cannot: (1) finalize any settlement until after the 60-day notice period has expired; nor (2) speak for the Attorney General or any District or City Attorney who received CEH’s 60-day Notice. Therefore, while reaching an agreement with CEH will resolve its claims, such agreement may not satisfy the public prosecutors. Preservation of Relevant Evidence: This Notice also serves as a demand that each alleged violator preserve and maintain all relevant evidence, including all electronic documents and data, pending resolution of this matter. Such relevant evidence includes but is not limited to all documents relating to the presence or potential presence of Lead in molasses; purchase and sales information for such products; efforts to comply with Proposition 65 with respect to such products; communications with any person relating to the presence or potential presence of Lead in such products; and representative exemplars of each unit of any such products sold by each alleged violator in the year preceding this Notice through the date of any trial of the claims alleged in this Notice. Please direct any inquiries regarding this Notice to CEH’s counsel Eric S. Somers at Lexington Law Group, 503 Divisadero Street, San Francisco, CA 94117, (415) 913-7800, esomers at lexlawgroup.com. EXHIBIT 1 September 7, 2018 Notice of Violation Lead in Molasses Names and Addresses Further Limitation Non-Exclusive Examples of Responsible Parties on Type of Products of the Products Plantation Blackstrap Allied Old English, Inc. Unsulphured Molasses 100 Markley Street n/a SKU No. Port Reading, NJ 07064 0-70258-02403-1 Sweet Select Barkman Honey, LLC Molasses Unsulphured 120 Santa Fe Street n/a SKU No. Hillsboro, KS 67063 0-73299-04200-6 Product No. OT558442 JFC International, Inc. Dynasty Bead Molasses 7101 E. Slauson Avenue n/a SKU No. Los Angeles, CA 90040 0-11152-02472-1 Natural American Foods Natural American Foods, Inc. Blackstrap Molasses Unsulphured 10464 Bryan Highway n/a SKU No. Onsted, MI 49265 0-81279-14401-5 Product No. OT385794 Natural American Foods Paper House, Inc. Blackstrap Molasses Unsulphured 905 G Street SKU No. Hampton, VA 23661 0-81279-14401-5 Sold by Barkman Product No. OT385794 Food Service Direct Honey, LLC or Natural Logistics, LLC American Foods, Inc. Sweet Select 905 G Street Molasses Unsulphured Hampton, VA 23661 SKU No. 0-73299-04200-6 Product No. OT558442 Wholesome Organic Save Mart Supermarkets Sold by Wholesome Molasses Unsulphured 1800 Standiford Avenue Sweeteners, Inc. SKU No. Modesto, CA 95350 0-12511-60000-6 Smart & Final Stores LLC 600 Citadel Drive Commerce, CA 90040 First Street Sold under the Light & Sweet Molasses Amerifoods Trading First Street brand SKU No. Company LLC 0-41512-08846-9 600 Citadel Drive Commerce, CA 90040 Total Sweeteners, Inc. Dynasty Bead Molasses (dba Batory Foods) Sold by JFC SKU No. 1700 Higgins Road, Ste 300 International, Inc. 0-11152-02472-1 Des Plaines, IL 60018 Whole Foods Market California, Inc. 5980 Horton Street, Ste. 200 Plantation Blackstrap Emeryville, CA 94608 Sold by Allied Unsulphured Molasses Old English, Inc. SKU No. Mrs. Gooch’s Natural 0-70258-02403-1 Food Markets, Inc. 207 Goode Avenue, 7th Floor Glendale, CA 91203 Wholesome Organic Wholesome Sweeteners, Inc. Molasses Unsulphured 14141 Southwest Fwy, Ste. 160 n/a SKU No. Sugar Land, TX 77478 0-12511-60000-6 1 PROOF OF SERVICE 2 3 I, Nick Redfield, declare: 4 I am a citizen of the United States and employed in the County of San Francisco, State of California. I am over the age of eighteen (18) years and not a party to this action. My business 5 address is 503 Divisadero Street, San Francisco, CA 94117 and my email address is [email protected]. 6 On September 7, 2018, I served the following document(s) on all interested parties in this 7 action by placing a true copy thereof in the manner and at the addresses indicated below: 8 NOTICE OF VIOLATION OF CALIFORNIA SAFE DRINNKING WATER AND TOXIC ENFORCEMENT ACT; 9 CERTIFICATE OF MERIT; and 10 THE SAFE DRINKING AND TOXIC ENFORCEMENT ACT OF 1986 11 (PROPOSITION 65): A SUMMARY (only sent to those on service list marked with an asterisk). 12 ☒ BY MAIL: I am readily familiar with the firm’s practice for collecting and processing mail 13 with the United States Postal Service (“USPS”). Under that practice, mail would be deposited with USPS that same day with postage thereon fully prepaid at San Francisco, California in the 14 ordinary course of business. On this date, I placed sealed envelopes containing the above mentioned documents for collection and mailing following my firm’s ordinary business practices. 15 Please see attached service list. 16 ☐ BY FACSIMILE: I caused all pages of the document(s) listed above to be transmitted via 17 facsimile to the fax number(s) as indicated and said transmission was reported as complete and without error. 18 ☒ BY ELECTRONIC MAIL: I transmitted a PDF version of the document(s) listed above via 19 email to the email address(es) indicated on the attached service list [or noted above] before 5 p.m. on the date executed. 20 Stacey Grassini, Deputy District Attorney Yen Dang 21 Contra Costa County Supervising Deputy District Attorney 900 Ward Street Santa Clara County 22 Martinez, CA 94553 70 West Hedding Street, West Wing [email protected] San Jose, CA 95110 23 [email protected] Michelle Latimer, Program Coordinator 24 Lassen County Allison Haley, District Attorney 25 220 S. Lassen Street Napa County Susanville, CA 96130 1127 First Street, Suite C 26 [email protected] Napa, CA 94559 [email protected] 27 28 1 Stephan R. Passalacqua, District Attorney Christopher Dalbey, Deputy District Sonoma County Attorney, Santa Barbara County 2 600 Administration Drive, Rm. 212J 1112 Santa Barbara Street Santa Rosa, CA 95403 Santa Barbara, CA 93101 3 [email protected] [email protected] 4 Phillip J. Cline, District Attorney Mara W. Elliott, City Attorney Tulare County City of San Diego 5 221 S. Mooney Avenue, Rm. 224 1200 Third Ave, Suite 700 6 Visalia, CA 93291 San Diego, CA 92101 [email protected] [email protected] 7 Paul E. Zellerbach, District Attorney Gregory D. Totten, District Attorney Ventura 8 Riverside County County 4075 Main Street 800 South Victoria Avenue 9 Riverside, CA 92501 Ventura, CA 93009 [email protected] [email protected] 10 Paul E. Zellerbach, District Attorney Gregory Alker, Assistant District Attorney 11 Riverside County San Francisco County 4075 Main Street 732 Brannan Street 12 Riverside, CA 92501 San Francisco, CA 94103 [email protected] [email protected] 13 Jeff W. Reisig, District Attorney Anne Marie Schubert, District Attorney 14 Yolo County Sacramento Country 301 Second Street 901 G Street 15 Woodland, CA 95695 Sacramento, CA 95814 16 [email protected] [email protected] 17 Dije Ndreu, Deputy District Attorney Eric J.
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