Suspension of Berkey Products To California Residents Begining January 1, 2010
California, has adopted AB 1953 / SB 1334 & 1395 / HSC Section 116875. This revised “no lead law” as it’s commonly known, goes 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 be certified. An example of this is the Berkey sport water purification bottle; each of its components as well as raw materials utilized will have to be certified.
Research indicates that there are at least two different certification standards available, but there seems to be 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. There is further confusion regarding testing protocols. While DTSC has issued an outline, it appears that the final protocols have yet to be settled upon. Throughout Berkey Systems ongoing research on this issue, they 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 can’t be answered by the January 1st deadline and as such, “strict compliance with the law” is recommended. In addition, should Berkey Systems desire to change any of their suppliers after certification, it appears that permission must be obtained by the certifying organization and that re-certification is mandatory, all at their own expense. At the end of this letter are just a few of the requirements needed to be certified, under this revised law.
Berkey Systems will continue to monitor the situation and as they get clarification on the issues for which they currently are unable to obtain answers, they will be able to make a further determination as to whether it will be in their best interest to pursue the matter further.
If you are in California, or have friends or family in California, please be sure to pickup an set of Black Berkey elements to have in reserve, for the just in case.
The Berkey Guy
A SAMPLING OF CERTIFICATION COMPLIANCE REQUIREMENTS
…Applicant agrees to furnish all necessary drawings, test data, laboratory reports and product samples required by the Certification Company (CC). The CC is not responsible for loss or damage to any materials submitted…
…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..
…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 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…