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

1.6 	Section 1. [325F.172] DEFINITIONS.
1.7 	For the purposes of sections 325F.172 to 325F.175, the following terms have the 
1.8 	meanings given them.
1.9 	(a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.
1.10 	(b) "Child" means a person under three years of age.
1.11 	(c) "Children's product" means a product, other than a product contained in a can, 
1.12 	excepting those cans used for infant formulas, designed or intended by a manufacturer to 
1.13 	be used by a child:
1.14 	(1) as a toy or an article of clothing;
1.15 	(2) to facilitate sleep, relaxation, or feeding; or
1.16 	(3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise 
1.17 	applied to the human body or any part thereof, including any article used as a component 
1.18 	of such a product.
1.19 	(d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.
1.20 	(e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.
1.21 	(f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.
1.22 	(g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.
1.23 	(h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.

1.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.1 	Sec. 2. [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS.
2.2 	By January 1, 2009, no manufacturer may sell or offer for sale in this state a new children's 
2.3 	product that contains bisphenol-A.

2.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.5 	Sec. 3. [325F.174] PHTHALATES IN CHILDREN'S PRODUCTS.
2.6 	(a) By January 1, 2009, no manufacturer may sell or offer for sale in this state a 
2.7 	new children's product that contains DEHP, DBP, or BBP in concentrations exceeding 
2.8 	0.1 percent.
2.9 	(b) Beginning January 1, 2009, no manufacturer may sell or offer for sale in this 
2.10 	state any new children's product that can be placed in a child's mouth and contains DINP, 
2.11 	DIDP, or DNOP in concentrations exceeding 0.1 percent.

2.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.13 	Sec. 4. [325F.175] REPLACEMENT CHEMICALS.
2.14 	A manufacturer shall not replace  bisphenol-A or phthalates as a result of the 
2.15 	prohibitions in sections 325F.173 or 325F.174 with a chemical that is:
2.16 	(1) classified as "known to be a human carcinogen" or "reasonably anticipated to be 
2.17 	a human carcinogen" in the most recent Report on Carcinogens published by the National 
2.18 	Toxicology Program in the United States Department of Health and Human Services; or
2.19 	(2) identified by the federal Environmental Protection Agency as causing birth 
2.20 	defects, or reproductive or environmental harm.

2.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.22 	Sec. 5. [325F.176] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
2.23 	The Minnesota Pollution Control Agency may participate in the establishment and 
2.24 	implementation of a multistate clearinghouse to identify children's products containing 
2.25 	bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted 
2.26 	for those chemicals.

2.27 	EFFECTIVE DATE. This section is effective the day following final enactment.