Minnesota Legislature
HF 459
Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/08/2013 03:19pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 459
1.3relating to children's health; prohibiting sale of children's food containers
1.4containing bisphenol-A;proposing coding for new law in Minnesota Statutes,
1.5chapter 325F.
1.6May 8, 2013
1.7The Honorable Paul Thissen
1.8Speaker of the House of Representatives
1.9The Honorable Sandra L. Pappas
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 459 report that we have agreed upon the
1.12items in dispute and recommend as follows:
1.13That the Senate recede from its amendment and that H. F. No. 459 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. [325F.174] BISPHENOL-A IN CHILDREN'S FOOD CONTAINERS.
1.17 Subdivision 1. Prohibition. (a) Beginning August 1, 2014, no manufacturer or
1.18wholesaler may knowingly sell or offer for sale in this state infant formula, baby food, or
1.19toddler food stored in a container that contains intentionally added bisphenol-A.
1.20(b) Beginning August 1, 2015, no retailer may knowingly sell or offer for sale in
1.21this state infant formula, baby food, or toddler food stored in a container that contains
1.22intentionally added bisphenol-A.
1.23 Subd. 2. Definitions. For purposes of this section, the following terms have the
1.24meanings given.
1.25(a) "Baby food" means a prepared solid food consisting of a soft paste or an easily
1.26chewed food that is primarily intended for consumption by children two years of age
1.27or younger and is commercially available.
1.28(b) "Container" means a receptacle, box, can, or jar, including a lid, that is in direct
1.29physical contact with a children's food.
2.1(c) "Infant formula" means a liquid or powder that purports to be or is represented
2.2for special dietary use solely as a food for infants by reason of its simulation of human
2.3milk or its suitability as a complete or partial substitute for human milk.
2.4(d) "Toddler food" means any food or beverage, other than baby food or infant
2.5formula, that is primarily intended for consumption by children under three years of age.
2.6For purposes of this section, toddler food in can containers is not included in this definition.
2.7EFFECTIVE DATE.This section is effective the day following final enactment.
2.8 Sec. 2. [325F.175] BISPHENOL-A REPLACEMENT CHEMICALS.
2.9Beginning August 1, 2014, a manufacturer shall not replace a chemical the use of
2.10which is prohibited in section 325F.174 with a chemical known to the manufacturer to
2.11have been identified on the basis of credible scientific evidence by a state, federal, or
2.12international agency as being known or suspected with a high degree of probability to:
2.13(1) harm the normal development of a fetus or child or cause other developmental
2.14toxicity;
2.15(2) cause cancer, genetic damage, or reproductive harm;
2.16(3) disrupt the endocrine or hormone system; or
2.17(4) damage the nervous system, immune system, or organs, or cause other systemic
2.18toxicity.
2.19EFFECTIVE DATE.This section is effective the day following final enactment."
1.3relating to children's health; prohibiting sale of children's food containers
1.4containing bisphenol-A;proposing coding for new law in Minnesota Statutes,
1.5chapter 325F.
1.6May 8, 2013
1.7The Honorable Paul Thissen
1.8Speaker of the House of Representatives
1.9The Honorable Sandra L. Pappas
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 459 report that we have agreed upon the
1.12items in dispute and recommend as follows:
1.13That the Senate recede from its amendment and that H. F. No. 459 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. [325F.174] BISPHENOL-A IN CHILDREN'S FOOD CONTAINERS.
1.17 Subdivision 1. Prohibition. (a) Beginning August 1, 2014, no manufacturer or
1.18wholesaler may knowingly sell or offer for sale in this state infant formula, baby food, or
1.19toddler food stored in a container that contains intentionally added bisphenol-A.
1.20(b) Beginning August 1, 2015, no retailer may knowingly sell or offer for sale in
1.21this state infant formula, baby food, or toddler food stored in a container that contains
1.22intentionally added bisphenol-A.
1.23 Subd. 2. Definitions. For purposes of this section, the following terms have the
1.24meanings given.
1.25(a) "Baby food" means a prepared solid food consisting of a soft paste or an easily
1.26chewed food that is primarily intended for consumption by children two years of age
1.27or younger and is commercially available.
1.28(b) "Container" means a receptacle, box, can, or jar, including a lid, that is in direct
1.29physical contact with a children's food.
2.1(c) "Infant formula" means a liquid or powder that purports to be or is represented
2.2for special dietary use solely as a food for infants by reason of its simulation of human
2.3milk or its suitability as a complete or partial substitute for human milk.
2.4(d) "Toddler food" means any food or beverage, other than baby food or infant
2.5formula, that is primarily intended for consumption by children under three years of age.
2.6For purposes of this section, toddler food in can containers is not included in this definition.
2.7EFFECTIVE DATE.This section is effective the day following final enactment.
2.8 Sec. 2. [325F.175] BISPHENOL-A REPLACEMENT CHEMICALS.
2.9Beginning August 1, 2014, a manufacturer shall not replace a chemical the use of
2.10which is prohibited in section 325F.174 with a chemical known to the manufacturer to
2.11have been identified on the basis of credible scientific evidence by a state, federal, or
2.12international agency as being known or suspected with a high degree of probability to:
2.13(1) harm the normal development of a fetus or child or cause other developmental
2.14toxicity;
2.15(2) cause cancer, genetic damage, or reproductive harm;
2.16(3) disrupt the endocrine or hormone system; or
2.17(4) damage the nervous system, immune system, or organs, or cause other systemic
2.18toxicity.
2.19EFFECTIVE DATE.This section is effective the day following final enactment."