HF 79

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/29/2021 07:06pm

A bill for an act
relating to environment; regulating use of certain chemicals in food packaging;
requiring rulemaking; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 325F.

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

Section 1.

new text begin [325F.075] FOOD PACKAGING; PFAS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Food package" means a package or packaging component intended to market,
protect, or handle a product intended for food or beverage contact or used to store food or
a beverage for sale.
new text end

new text begin (c) "Package" means a container providing a means to market, protect, or handle a
product. Package includes:
new text end

new text begin (1) a unit package, an intermediate package, and a shipping container; and
new text end

new text begin (2) unsealed receptacles, including carrying cases, crates, cups, pails, rigid foil and other
trays, wrappers and wrapping films, bags, and tubs.
new text end

new text begin (d) "Packaging component" means an individual assembled part of a package, including
but not limited to any interior or exterior blocking, bracing, cushioning, weatherproofing,
exterior strapping, coatings, closures, inks, and labels.
new text end

new text begin (e) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No person shall manufacture, knowingly sell, offer for sale,
distribute for sale, or distribute for use in Minnesota a food package that contains intentionally
added PFAS.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin The commissioner of the Pollution Control Agency may enforce
this section under sections 115.071 and 116.072. The commissioner must coordinate with
the commissioners of commerce and health in enforcing this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2. new text begin HEALTH RISK LIMIT; PERFLUOROOCTANE SULFONATE.
new text end

new text begin By July 1, 2023, the commissioner of health must amend the health risk limit for
perfluorooctane sulfonate (PFOS) in Minnesota Rules, part 4717.7860, subpart 15, so that
the health risk limit does not exceed 0.015 parts per billion. In amending the health risk
limit for PFOS, the commissioner must comply with Minnesota Statutes, section 144.0751,
requiring a reasonable margin of safety to adequately protect the health of infants, children,
and adults.
new text end

Sec. 3. new text begin HEALTH RISK LIMIT; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
environmental fund to the commissioner of the Pollution Control Agency for transfer to the
commissioner of health to amend the health risk limit for perfluorooctane sulfonate. This
is a onetime appropriation.
new text end