SF 225

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to public health; requiring identification of certain harmful chemicals in
children's products; requiring participation in interstate chemicals clearinghouse;
requiring certain reports to the legislature; proposing coding for new law in
Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.9401] DEFINITIONS.
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new text begin (a) For the purposes of sections 116.9401 to 116.9407, the following terms have
the meanings given them.
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new text begin (b) "Agency" means the Pollution Control Agency.
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new text begin (c) "Alternative" means a substitute process, product, material, chemical, strategy,
or combination of these that serves a functionally equivalent purpose to a chemical in a
children's product.
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new text begin (d) "Chemical" means a substance with a distinct molecular composition or a group
of structurally related substances and includes the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism.
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new text begin (e) "Chemical of high concern" means a chemical identified on the basis of credible
scientific evidence by a governmental entity or the United Nations' World Health
Organization as being known or suspected with a high degree of probability to:
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new text begin (1) harm the normal development of a fetus or child or cause other developmental
toxicity;
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new text begin (2) cause cancer, genetic damage, or reproductive harm;
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new text begin (3) disrupt the endocrine or hormone system;
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new text begin (4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity;
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new text begin (5) be persistent, bioaccumulative, and toxic; or
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new text begin (6) be very persistent and very bioaccumulative.
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new text begin (f) "Child" means a person under 12 years of age.
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new text begin (g) "Children's product" means a consumer product intended for use by children
such as baby products, toys, car seats, personal care products, and clothing.
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new text begin (h) "Commissioner" means commissioner of the Pollution Control Agency.
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new text begin (i) "Department" means the Department of Health.
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new text begin (j) "Distributor" means a person who sells consumer products to retail establishments
on a wholesale basis.
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new text begin (k) "Green chemistry" means an approach to designing and manufacturing products
in ways that minimize the use and generation of toxic substances.
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new text begin (l) "Manufacturer" means any person who manufactures a final consumer product
sold at retail or whose brand name is affixed to the consumer product. In the case of a
consumer product imported into the United States, "manufacturer" includes the importer
or domestic distributor of the consumer product if the person who manufactured or
assembled the consumer product or whose brand name is affixed to the consumer product
does not have a presence in the United States.
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new text begin (m) "Priority chemical" means a chemical identified by the Department of Health
as a chemical of high concern that is contained in a children's product offered for sale in
Minnesota and meets the criteria in section 116.9403.
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new text begin (n) "Safer alternative" means an alternative whose potential to harm human health is
less than that of a priority chemical that it could replace.
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Sec. 2.

new text begin [116.9402] IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
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new text begin (a) By January 15, 2010, the Department of Health shall publish in the State Register
and on the department's Internet Web site a list of chemicals of high concern.
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new text begin (b) The department must periodically review and revise the list of chemicals of high
concern at least every three years. The department may add chemicals to the list if the
chemical meets one or more of the criteria in section 116.9401, paragraph (e).
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new text begin (c) The department shall consider, among others, chemicals listed in the following
sources for possible inclusion on the list of chemicals of high concern:
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new text begin (1) chemicals identified as "Group 1 carcinogens" or "Group 2A carcinogens" by the
World Health Organization, International Agency for Research on Cancer;
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new text begin (2) chemicals identified as "known to be a human carcinogen" and "reasonably
anticipated to be a human carcinogen" by the secretary of the United States Department
of Health and Human Services;
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new text begin (3) chemicals identified as "Group A carcinogens" or "Group B carcinogens" by the
United States Environmental Protection Agency;
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new text begin (4) chemicals identified as reproductive or developmental toxicants by:
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new text begin (i) the United States Department of Health and Human Services, National
Toxicology Program, Center for the Evaluation of Risks to Human Reproduction; and
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new text begin (ii) the California Environmental Protection Agency, Office of Environmental Health
Hazard Assessment pursuant to the California Health and Safety Code, Safe Drinking
Water and Toxic Enforcement Act of 1986, chapter 6.6, section 25249.8;
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new text begin (5) chemicals identified as known or likely endocrine disruptors through screening
or testing conducted in accordance with protocols developed by the United States
Environmental Protection Agency pursuant to the federal Food, Drug and Cosmetic Act,
United States Code, title 21, section 346a(p), as amended by the federal Food Quality
Protection Act (Public Law 104-170) or the federal Safe Drinking Water Act, United
States Code, title 42, section 300j-17;
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new text begin (6) chemicals listed on the basis of endocrine-disrupting properties in Annex
XIV, List of Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of
the European Parliament concerning the Registration, Evaluation, Authorisation, and
Restriction of Chemicals;
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new text begin (7) persistent, bioaccumulative, and toxic chemicals identified by:
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new text begin (i) the state of Washington Department of Ecology in Washington Administrative
Code, Chapter 173-333; or
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new text begin (ii) the United States Environmental Protection Agency in Code of Federal
Regulations, title 40, part 372; and
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new text begin (8) a very persistent, very bioaccumulative chemical listed in Annex XIV, List of
Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of the European
Parliament concerning the Registration, Evaluation, Authorisation, and Restriction of
Chemicals.
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new text begin (d) The department may consider chemicals listed by another state as harmful to
human health or the environment for possible inclusion in the list of chemicals of high
concern.
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Sec. 3.

new text begin [116.9403] IDENTIFICATION OF PRIORITY CHEMICALS.
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new text begin (a) The Department of Health may designate a chemical of high concern as a priority
chemical if the department finds:
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new text begin (1) the chemical has been found through biomonitoring to be present in human
blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
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new text begin (2) the chemical has been found through sampling and analysis to be present in
household dust, indoor air, drinking water, or elsewhere in the home environment;
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new text begin (3) the chemical has been found through monitoring to be present in fish, wildlife, or
the natural environment;
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new text begin (4) the chemical has been identified as a high-production volume chemical by the
federal Environmental Protection Agency; or
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new text begin (5) the sale or use of the chemical or a product containing the chemical has been
prohibited in another state within the United States.
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new text begin (b) By February 1, 2011, the department shall publish a list of priority chemicals in
the State Register and on the department's Internet Web site and shall update the published
list whenever a new priority chemical is designated.
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Sec. 4.

new text begin [116.9408] APPLICABILITY.
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new text begin The requirements of sections 116.9401 to 116.9407 do not apply to:
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new text begin (1) chemicals in used children's products;
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new text begin (2) priority chemicals used in the manufacturing process, but that are not present
in the final product;
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new text begin (3) priority chemicals used in agricultural production;
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new text begin (4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
86B or their component parts, except that the use of priority chemicals in detachable
car seats is not exempt;
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new text begin (5) priority chemicals generated solely as combustion by-products or that are present
in combustible fuels;
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new text begin (6) retailers;
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new text begin (7) pharmaceutical products and biologics;
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new text begin (8) "medical devices" as defined in section 201(h) of the federal Food, Drug, and
Cosmetic Act, United States Code, title 21, section 321(h);
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new text begin (9) consumer electronics products and electronic components, including, but not
limited to, personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union; or
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new text begin (10) food and food or beverage packaging, except a container containing baby food
or infant formula.
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Sec. 5.

new text begin [116.9409] DONATIONS TO THE STATE.
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new text begin The commissioner may accept donations, grants, and other funds to carry out the
purposes of sections 116.9401 to 116.9407. All donations, grants, and other funds must
be accepted without preconditions regarding the outcomes of the regulatory oversight
processes set forth in sections 116.9401 to 116.9407.
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Sec. 6.

new text begin [116.9410] PARTICIPATION IN INTERSTATE CHEMICALS
CLEARINGHOUSE.
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new text begin The agency must participate in an interstate chemicals clearinghouse to promote
safer chemicals in consumer products in cooperation with other states, including the
classification of chemicals in commerce; organizing and managing available data on
chemicals, including information on uses, hazards, and environmental and health
concerns; and producing and evaluating information on safer alternatives to specific uses
of chemicals of concern.
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Sec. 7.

new text begin [116.9411] REPORTS.
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new text begin (a) By January 15, 2010, the department, in consultation with the agency, shall report
to the chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over environment and natural resources policy,
commerce, and public health regarding the progress on implementing sections 116.9401 to
116.9407, including methodologies for determining the availability of safer alternatives
and designating priority chemicals, subject to manufacturer or distributor disclosure.
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new text begin (b) By January 15, 2010, the agency shall report to the chairs and ranking minority
members of the senate and house of representatives committees with primary jurisdiction
over environment and natural resources policy, commerce, and public health on the
agency's plans for mechanisms to reduce and phase out the use of priority chemicals in
children's products, including potential funding mechanisms. The report must include
information on the progress of other states in reducing toxic chemicals in children's
products. In developing the report, the agency may consult outside experts and groups
working to reduce toxic chemicals in children's products in Minnesota and nationally.
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Sec. 8. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 7 are effective the day following final enactment.
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