Green Chemistry Laws. All products produced for and/or supplied to Barnes & Noble must comply with federal, state and local laws, rules and regulations regarding toxic chemicals in products. These laws are often known as “Green Chemistry Laws”. Green Chemistry laws are enacted at the state level, including, but not limited to, Washington, Oregon, Maine, Maryland and Vermont. All Barnes & Noble suppliers and manufacturers are expected to remain abreast of existing and newly adopted safety standards and legal obligations applicable to their products.
Some Green Chemistry Laws require manufacturers and certain retailers to disclose the presence of certain listed chemicals above pre-defined limits in their products. Some jurisdictions prohibit the inclusion of listed chemicals in children’s products sold there in any quantity. For jurisdictions where a sales ban or limit is in place for certain chemicals, Vendors are required to meet those conditions and limit or eliminate the presence of those chemicals in their products as required by law.
For jurisdictions where sales of the product obligates the manufacturer or retailer to disclose or report certain information regarding such products (e.g., Washington and Vermont), Vendors are responsible for completing the report to the respective state and paying any and all associated fees Vendors of in-scope products may be required to make a reasonable, good-faith effort to provide declarations about the chemical content of product supplied in the form requested by Barnes & Noble.
California Proposition 65. Under the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code §§ 25249.5 et seq. (Prop 65), listed chemicals known to the state of California to cause cancer or birth defects or other reproductive harm. These regulations are not limited to children’s products, and apply to all products sold in the State of California. Prop 65 Warning Labels on products are not permitted without Barnes & Noble’s prior written consent. Moreover, products bearing warning labels would require a different EAN number. Accordingly, it is Barnes & Noble’s strong preference that all products produced for and/or supplied to Barnes & Noble must be under the permissible chemical limits as indicated in Prop 65 Settlements for specific products or product types.
Vendors should work closely with an accredited third-party testing lab to ensure these requirements are met. Products found to be the subject of a Prop 65 notice of violation will be removed from California stores. Vendor is responsible for any associated costs, including legal fees, fines, freight and handling.