SF 1380

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/14/2025 10:43 a.m.

A bill for an act
relating to environment; prohibiting certain chemicals in packaging; proposing
coding for new law in Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.941] TOXIC CHEMICALS IN PACKAGING; PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Halogenated flame retardant" means a chemical containing chlorine or bromine
that, when added to materials, inhibits, suppresses, or delays the production of flame when
the material is exposed to fire.
new text end

new text begin (c) "Manufacturer" means a person that manufactures a product or whose brand name
is affixed to the product. In the case of a product imported into the United States,
"manufacturer" means the person who is the importer of record for the product into the
United States for use in a commercial enterprise that sells, offers for sale, or distributes the
product in this state.
new text end

new text begin (d) "Nondetectable pigment" means a pigment that, when added to plastic packaging,
is not detectable by technologies used to recycle plastic by mechanical means.
new text end

new text begin (e) "Oxo-degradable and oxo-biodegradable additive" means a chemical added to plastics
to accelerate their breakdown into smaller pieces.
new text end

new text begin (f) "Packaging" has the meaning given in section 115A.03.
new text end

new text begin (g) "Prohibited packaging chemical" means any of the following chemicals when used
as a component of packaging:
new text end

new text begin (1) polyvinyl chloride;
new text end

new text begin (2) polyvinylidene chloride;
new text end

new text begin (3) polystyrene, including expanded polystyrene;
new text end

new text begin (4) polycarbonate;
new text end

new text begin (5) polyethylene terephthalate glycol;
new text end

new text begin (6) polyethylene terephthalate that is opaque or pigmented;
new text end

new text begin (7) antimony trioxide;
new text end

new text begin (8) melamine;
new text end

new text begin (9) ortho-phthalates;
new text end

new text begin (10) bisphenols;
new text end

new text begin (11) halogenated flame retardants;
new text end

new text begin (12) nondetectable pigments, including carbon black;
new text end

new text begin (13) oxo-degradable and oxo-biodegradable additives;
new text end

new text begin (14) UV 328 [2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol];
new text end

new text begin (15) short- and medium-chain chlorinated paraffins;
new text end

new text begin (16) benzophenone or its derivatives;
new text end

new text begin (17) formaldehyde; or
new text end

new text begin (18) perchlorate.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin On or after January 1, 2028, a manufacturer may not offer for
sale, sell, or distribute in or into this state packaging that contains a prohibited packaging
chemical.
new text end

new text begin Subd. 3. new text end

new text begin Additional prohibited packaging chemicals. new text end

new text begin The commissioner of health
must review the list of prohibited packaging chemicals at least every three years and must
maintain a list of prohibited packaging chemicals on the Department of Health website. The
commissioner must consider and may designate as a prohibited packaging chemical a
chemical used in packaging that meets the conditions specified in section 116.9402, paragraph
(c) or (d), or that meets the definition of chemical of high concern in section 116.9401.
new text end

new text begin Subd. 4. new text end

new text begin Packaging composition information. new text end

new text begin A manufacturer must timely respond to
an inquiry from the commissioner of health regarding the chemical composition of any
packaging sold, offered for sale, imported, or distributed in or into this state. Information
supplied to the commissioner by a manufacturer under this subdivision that the commissioner
determines to be trade secret information, as defined in section 13.37, subdivision 1, is
classified as nonpublic data, as provided in section 13.37, subdivision 2, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin A manufacturer found to have violated this section must pay a penalty
of $25,000 per violation.
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