1.1 	A bill for an act
1.2 	relating to public health; protecting the health of children; prohibiting 
1.3 	bisphenol-A in products for young children; proposing coding for new law in 
1.4 	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 		Subdivision 1.Scope. For the purposes of sections 325F.172 to 325F.175, the 
1.8 	following terms have the meanings given them.
1.9 		Subd. 2.Child. "Child" means a person under three years of age.
1.10 		Subd. 3.Children's product. (a) "Children's product" means a product, including 
1.11 	containers used to contain infant formulas, designed or intended by a manufacturer to 
1.12 	be used by a child:
1.13 	(1) as a toy;
1.14 	(2) to facilitate feeding; or
1.15 	(3) to be introduced into, or otherwise applied to, the human body or any part 
1.16 	thereof, including any article used as a component of such a product.
1.17 	(b) "Children's product" does not include:
1.18 	(1) a "device" as defined in the Federal Food, Drug, and Cosmetic Act, United States 
1.19 	Code, title 21, section 321, paragraph (h); or
1.20 	(2) a container containing a food or beverage, except that a container containing 
1.21 	infant formula is a "children's product."
1.22 		Subd. 4.Container. "Container" means an airtight metal, glass, or plastic container 
1.23 	or a container composed of a combination of these materials that contains a food or 
1.24 	beverage.
2.1 		Subd. 5.Infant formula. "Infant formula" has the meaning given in the Federal 
2.2 	Food, Drug, and Cosmetic Act, United States Code, title 21, section 321, paragraph (z).

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

2.4 	Sec. 2. [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS.
2.5 	(a) By January 1, 2010, no manufacturer may sell or offer for sale in this state a 
2.6 	children's product that contains bisphenol-A, except that a manufacturer of infant  formula 
2.7 	sold in a container is not required to comply with this section until January 1, 2013. 
2.8 	(b) This section does not apply to sale of a used children's product.

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

2.10 	Sec. 3. [325F.174] REPLACEMENT CHEMICALS.
2.11 	A manufacturer may not sell or offer for sale in Minnesota a children's product that, 
2.12 	as a direct result of the prohibition in section 325F.173, contains a chemical that is:
2.13 	(1) classified as "known to be a human carcinogen" or "reasonably anticipated to be 
2.14 	a human carcinogen" in the most recent Report on Carcinogens published by the National 
2.15 	Toxicology Program in the United States Department of Health and Human Services; or
2.16 	(2) identified by the federal Environmental Protection Agency as causing birth 
2.17 	defects, hormone disruption, or harm to reproduction or development.

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

2.19 	Sec. 4. [325F.175] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
2.20 	The Pollution Control Agency may participate in the establishment and 
2.21 	implementation of a multistate clearinghouse to identify children's products containing 
2.22 	bisphenol-A and to evaluate safer alternatives that may be substituted for that chemical.

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