1.1 	A bill for an act
1.2 	relating to commerce; banning the intentional use of ortho-phthalates in packaged 
1.3 	food; proposing coding for new law in Minnesota Statutes, chapter 325F.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. [325F.183] ORTHO-PHTHALATES IN FOOD PACKAGING.
1.6 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
1.7 	the meanings given.
1.8 	(b) "Food manufacturer" means a person who manufactures a packaged food product 
1.9 	or whose brand name is affixed to a packaged food product. With respect to a packaged 
1.10 	food product that is imported into the United States, food manufacturer includes the importer 
1.11 	or first domestic distributor of the product if the person who manufactured or assembled 
1.12 	the product or whose brand name is affixed to the packaged food product does not have a 
1.13 	presence in the United States.
1.14 	(c) "Food package" means a container applied to or providing a means of marketing, 
1.15 	protecting, handling, delivering, serving, containing, or storing a food or beverage. Food 
1.16 	package includes a unit package, an intermediate package, and a shipping container.
1.17 	(d) "Intentionally added" means that a chemical that serves an intended function in the 
1.18 	packaging component is added to a product.
1.19 	(e) "Ortho-phthalates" means substances that are esters of phthalic acid.
1.20 	(f) "Packaging component" means an individually assembled part of a package, including 
1.21 	interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, 
2.1 	coatings, closures, inks, and labels, or disposable gloves used in commercial or institutional 
2.2 	food service.
2.3 		Subd. 2.Prohibition. A food manufacturer, supplier, or distributor must not manufacture, 
2.4 	sell, offer for sale, distribute for sale, or distribute for use a food package that includes inks, 
2.5 	dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives to which 
2.6 	ortho-phthalates have been intentionally added and are present in any amount.
2.7 		Subd. 3.Enforcement. The commissioner of the Pollution Control Agency may enforce 
2.8 	this section under sections 115.071 and 116.072. The commissioner must coordinate with 
2.9 	the commissioners of health and commerce to enforce this section. Upon a request by the 
2.10 	commissioner of the Pollution Control Agency, a person must provide the commissioner 
2.11 	information that the person may have or may reasonably obtain that is relevant to show 
2.12 	compliance with this section.

2.13 	EFFECTIVE DATE. This section is effective one year following final enactment.