HF 2100

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public health; banning bisphenol-A and phthalates or any replacement
of either chemical in children's products; authorizing the Minnesota Pollution
Control Agency to participate in a multistate clearinghouse; 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.172] DEFINITIONS.
new text end

new text begin For the purposes of sections 325F.172 to 325F.175, the following terms have the
meanings given them.
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new text begin (a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.
new text end

new text begin (b) "Child" means a person under three years of age.
new text end

new text begin (c) "Children's product" means a product, other than a food or beverage product
contained in a can, except in those used for infant formulas, designed or intended by a
manufacturer to be used by a child:
new text end

new text begin (1) as a toy or an article of clothing;
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new text begin (2) to facilitate sleep, relaxation, or feeding; or
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new text begin (3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise
applied to the human body or any part thereof, including any article used as a component
of such a product.
new text end

new text begin (d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.
new text end

new text begin (e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.
new text end

new text begin (f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.
new text end

new text begin (g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.
new text end

new text begin (h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS; BAN.
new text end

new text begin Beginning January 1, 2009, no manufacturer may sell or offer for initial sale at retail
in this state a children's product that contains bisphenol-A. For purposes of this section,
"bisphenol-A" means an estrogen-mimicking endocrine disrupting chemical used in the
production of epoxy resins and polycarbonate plastics.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [325F.174] PHTHALATES IN CHILDREN'S PRODUCTS; BAN.
new text end

new text begin (a) Beginning January 1, 2009, no manufacturer may sell or offer for initial sale at
retail in this state a children's product that contains one of the following phthalates: DEHP,
DBP, or BBP, in concentrations exceeding 0.1 percent, including plastic tubing used to
deliver a solution intravenously to a child under three years of age.
new text end

new text begin (b) Beginning January 1, 2009, no manufacturer or entity may sell or offer for initial
sale at retail in this state any children's product that can be placed in a child's mouth
and contains one of the following phthalates: DINP, DIDP, or DNOP, in concentrations
exceeding 0.1 percent.
new text end

new text begin (c) For purposes of this section, "phthalates" means a class of chemicals used to
provide flexibility to polyvinyl chloride (PVC) plastic.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [325F.175] REPLACEMENT CHEMICALS.
new text end

new text begin A manufacturer shall not replace bisphenol-A or phthalates as a result of the
prohibitions in section 325F.173 or 325F.174 with a chemical that is:
new text end

new text begin (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be
a human carcinogen" in the most recent Report on Carcinogens published by the National
Toxicology Program in the United States Department of Health and Human Services; or
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new text begin (2) identified by the federal Environmental Protection Agency as causing birth
defects or reproductive or environmental harm.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [325F.176] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
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new text begin The Minnesota Pollution Control Agency may participate in the establishment and
implementation of a multistate clearinghouse to identify children's products containing
bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted
for those chemicals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end