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Standards & Compliance Briefing: Prop.65 Suits, Ahold’s LEED Boom, RoHS Failures

Law firm the Chanler Group has filed Proposition 65 civil complaints in the Superior Court of California against spice and flavoring manufacturer McCormick & Company, coffee and flavoring manufacturer Farmer Bros., and Adams Extract & Spice, LLC. The complaints charge the three defendants with distributing food extracts, flavors and colorings containing unacceptable levels of the carcinogenic chemical 4-Methylimidazole, or 4-MEI, without a proper consumer warning label. In the past few months, private plaintiffs have filed several lawsuits and issued more than 100 Prop. 65 notice letters to companies regarding the compound Tris, also known as TDCPP, Arnold & Porter LLP says. The notices concern the compound’s presence in furniture products and in children’s nap mats and mattresses.

Ahold USA announced LEED certification for six new supermarkets: Stop & Shop stores in Cranston, R.I., Roslindale, Mass., Arverne, N.Y., and Oceanside, N.Y.; a Giant-Landover location in Burtonsville, Md.; and a Giant-Carlisle location in Trexlertown, Pa. Features include white roofs, skylights, LED lighting, closed-door refrigerated cases and smaller cooling systems to improve refrigeration efficiency, Supermarket News reported.

Shaw Industries has achieved LEED Silver designation for New Construction for its 35,397 sq ft Reclaim to Energy process building, which converts carpet to steam energy for two adjacent carpet manufacturing facilities, the company said. The Dalton, Ga., facility uses low-emitting materials and more than 28 percent recycled content, employs water-efficient landscaping, and achieves over 20 percent cost savings compared with buildings that only comply with Georgia’s energy code.

Twelve out of 63 electrical products were out of compliance with the Restriction of Hazardous Substances (RoHS) directive, in tests by Sweden’s Chemicals Agency, Kemi, and the country’s Electrical Safety Authority. The agencies found excessive lead in 11 products, and prohibited levels of polybrominated diphenyl ether flame retardants in one product. The bodies passed details of seven companies to Swedish prosecutors.

Monadnock Paper Mills‘ Bennington, NH, facility has achieved recertification for compliance with ISO 14001 for environmental management systems, following an audit by Systems and Services Certification, a member of the SGS Group. Over the past three years, Monadnock has realized a 14 percent reduction in water consumption and a 7 percent reduction in electricity use, the paper company said.

An ASTM task group has sent the EPA proposed revisions to ASTM E1527, the standard for Phase I environmental site assessments (ESAs), Winston & Strawn LLP said. Lenders and investors in commercial real estate transactions often require the standard. The new standard will need EPA approval to meet the agency’s requirements of All Appropriate Inquiry to receive liability protections under CERCLA, commonly known as Superfund.

An ASTM subcommittee has developed ASTM D7495, setting out minimum requirements for bodies that accredit agencies that themselves test and inspect road and paving materials. The standard offers guidance on the accreditation process, proficiency testing requirements, assessment reports and the role of personnel at accreditation bodies, ASTM said.

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