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Office of the Revisor of Statutes

HF 458

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/06/2013 03:47 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act 1.2relating to public health; banning formaldehyde in certain children's products; 1.3proposing coding for new law in Minnesota Statutes, chapter 325F. 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5    Section 1. new text begin [325F.174] DEFINITIONS.new text end 1.6new text begin (a) For the purposes of sections 325F.174 to 325F.176, the following terms have new text end 1.7new text begin the meanings given them.new text end 1.8new text begin (b) "Child" means a person under eight years of age.new text end 1.9new text begin (c) "Children's product" means a product primarily designed or intended by a new text end 1.10new text begin manufacturer to be physically applied to or introduced into a child's body, including any new text end 1.11new text begin article used as a component of such a product and excluding a food, beverage, dietary new text end 1.12new text begin supplement, pharmaceutical product or biologic, children's toys that are covered by the new text end 1.13new text begin ASTM International F963 standard for Toy Safety, or a medical device as defined in new text end 1.14new text begin the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h), new text end 1.15new text begin as amended through February 15, 2013.new text end 1.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 1.17    Sec. 2. new text begin [325F.175] FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.new text end 1.18new text begin (a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for new text end 1.19new text begin sale in this state a children's product that intentionally contains:new text end 1.20new text begin (1) formaldehyde, including formaldehyde contained in a solution; ornew text end 1.21new text begin (2) ingredients that chemically degrade under normal conditions of temperature and new text end 1.22new text begin pressure to release formaldehyde.new text end 2.1new text begin (b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a new text end 2.2new text begin children's product that intentionally contains:new text end 2.3new text begin (1) formaldehyde, including formaldehyde contained in a solution; ornew text end 2.4new text begin (2) ingredients that chemically degrade under normal conditions of temperature and new text end 2.5new text begin pressure to release formaldehyde.new text end 2.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 2.7    Sec. 3. new text begin [325F.176] FORMALDEHYDE REPLACEMENT CHEMICALS.new text end 2.8new text begin (a) A manufacturer shall not replace a chemical whose use is prohibited in section new text end 2.9new text begin 325F.175 with a chemical known to the manufacturer to have been identified on the basis new text end 2.10new text begin of credible scientific evidence by a state, federal, or international agency as being known new text end 2.11new text begin or suspected with a high degree of probability to:new text end 2.12new text begin (1) harm the normal development of a fetus or child or cause other developmental new text end 2.13new text begin toxicity;new text end 2.14new text begin (2) cause cancer, genetic damage, or reproductive harm;new text end 2.15new text begin (3) disrupt the endocrine or hormone system; ornew text end 2.16new text begin (4) damage the nervous system, immune system, or organs, or cause other systemic new text end 2.17new text begin toxicity.new text end 2.18new text begin (b) For the purposes of this section, international agency does not include an agency new text end 2.19new text begin affiliated with a country on the U.S. Department of State list of state sponsors of terrorism new text end 2.20new text begin or the U.S. Department of Treasury list of countries with trade restrictions or sanctions.new text end 2.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2013, and applies to crimes new text end 2.22new text begin committed on or after that date.new text end