1.1 	A bill for an act
1.2 	relating to consumer protection; prohibiting Bisphenol-A and Phthalates in 
1.3 	products for young children;proposing coding for new law in Minnesota 
1.4 	Statutes, chapter 325F.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [325F.172] Bisphenol-A in products for young children.
1.7 		Subdivision 1.Findings. (a) Bisphenol-A, an estrogen-mimicking endocrine 
1.8 	disruptor chemical, is used in the production of epoxy resins and polycarbonate plastics 
1.9 	and is the main ingredient in hard polycarbonate plastics. The plastics are used in many 
1.10 	food and drink packaging applications, and the resins are commonly used as lacquers to 
1.11 	coat metal products such as food cans, bottle tops, and water supply pipes.
1.12 	(b) Bisphenol-A has been shown to have hormone disrupting effects, and it is used 
1.13 	in many products intended for use by young children, including, but not limited to, toys, 
1.14 	pacifiers, baby bottles, and teethers.
1.15 		Subd. 2.Prohibition. Beginning January 1, 2007, no person or entity shall 
1.16 	manufacture, sell, or distribute in commerce any toy or child care article intended for use 
1.17 	by a child under three years of age if that product contains bisphenol-A.
1.18 	For the purposes of this chapter, the following terms have the following meanings:
1.19 	(a) "Toy" means all products designed or intended by the manufacturer to be used by 
1.20 	children when they play.
1.21 	(b) "Child care article" means all products designed or intended by the manufacturer 
1.22 	to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or 
1.23 	teething.

2.1 	Sec. 2. [325F.173] Phthalates in products for young children.
2.2 		Subdivision 1.Findings. (a) Phthalates are chemicals used to plasticize some food 
2.3 	containers, plastic wrap, toys, shampoos, perfumes, and beauty products.
2.4 	(b) Phthalates have been shown to have hormone disrupting effects; however, they 
2.5 	are used in many products intended for use by young children, including, but not limited 
2.6 	to, toys, pacifiers, baby bottles, and teethers.
2.7 		Subd. 2. Prohibition.  (a) Beginning January 1, 2007, no person or entity shall 
2.8 	manufacture, sell, or distribute in commerce any toy or child care article that contains 
2.9 	DEHP, DBP, or BBP in concentrations exceeding 0.1 percent.
2.10 	(b) Beginning January 1, 2007, no person or entity shall manufacture, sell, or 
2.11 	distribute in commerce any toy or child care article intended for use by a child under three 
2.12 	years of age if that product can be placed in the child's mouth and contains DINP, DIDP, 
2.13 	or DNOP in concentrations exceeding 0.1 percent.

2.14 	Sec. 3. [325F.174] Duties of manufacturers.
2.15 	(a) Manufacturers shall use the least toxic alternative when replacing bisphenol-A 
2.16 	and phthalates according to sections 325F.172 and 325F.173.
2.17 	(b) Manufacturers shall not replace bisphenol-A and phthalates, according to sections 
2.18 	325F.172 and 325F.173, with carcinogens rated by the United States Environmental 
2.19 	Protection Agency as A, B, or C carcinogens.
2.20 	(c) Manufacturers shall not replace bisphenol-A and phthalates, according to sections 
2.21 	325F.172 and 325F.173, with reproductive toxicants that cause birth defects, reproductive 
2.22 	harm, or developmental harm as identified by the United States Environmental Protection 
2.23 	Agency.