Minnesota Legislature
HF 44
as introduced - 94th Legislature (2025 - 2026) Posted on 05/18/2025 02:19pm
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| Introduction | Posted on 02/07/2025 |
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A bill for an act
relating to agriculture; requiring food manufacturers and brand owners to report
ortho-phthalate testing results of packaged food products to the commissioner of
agriculture; amending Minnesota Statutes 2024, section 34A.01, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 34A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Brand. new text end
new text begin
"Brand" means a name, symbol, word, or mark that identifies a product
and attributes the product to the product's brand owner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 2.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin Brand owner. new text end
new text begin
"Brand owner" means a person that owns or licenses a brand
or that otherwise has rights to market a product under the brand, regardless of whether the
brand's trademark is registered.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 3.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Food manufacturer. new text end
new text begin
"Food manufacturer" means a person who manufactures
a packaged food product or whose brand name is affixed to a packaged food product. In the
case of a packaged food product imported into the United States, food manufacturer includes
the importer or first domestic distributor of the product if the person who manufactured or
assembled the product or whose brand name is affixed to the packaged food product does
not have a presence in the United States.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 4.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to
read:
new text begin Subd. 8a. new text end
new text begin Ortho-phthalates or phthalates. new text end
new text begin
"Ortho-phthalates" or "phthalates" means
substances that are esters of phthalic acid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 5.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to
read:
new text begin Subd. 8b. new text end
new text begin Packaged food product. new text end
new text begin
"Packaged food product" means any food product
that is completely or partially enclosed in packaging materials. Packaged food product does
not include meat, deli cheese, bakery products, and produce that is made or packaged at a
retail location.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 6.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Universal product code or UPC. new text end
new text begin
"Universal product code" or "UPC" means
a 12-digit number assigned to merchandise, including packaged food or packaged food
products.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 7.
Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to
read:
new text begin Subd. 14. new text end
new text begin UPC barcode. new text end
new text begin
"UPC barcode" means the machine-readable version of a
universal product code.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 8.
new text begin
[34A.025] ORTHO-PHTHALATE TESTING OF PACKAGED FOOD
PRODUCTS.
new text end
new text begin Subdivision 1. new text end
new text begin Testing; notice to the commissioner. new text end
new text begin
(a) No later than 30 days before
offering a packaged food product for sale in the state or distributing a packaged food product
in the state, a food manufacturer or brand owner must test the packaged food product for
levels of ortho-phthalates and must submit to the commissioner a written notice that includes:
new text end
new text begin
(1) the name and a description of the packaged food product;
new text end
new text begin
(2) the UPC barcode of the packaged food product and any UPC barcodes grouped under
the packaged food product tested if the packaged food product is packaged in multiple sizes;
new text end
new text begin
(3) the date that the packaged food product was tested for ortho-phthalates;
new text end
new text begin
(4) testing results indicating that no ortho-phthalates were detected in the packaged food
product or, if an ortho-phthalate was detected in the packaged food product, a description
of each ortho-phthalate that the packaged food product contains, including:
new text end
new text begin
(i) the ortho-phthalate's chemical abstracts service registry number;
new text end
new text begin
(ii) the ortho-phthalate's IUPAC name or chemical name;
new text end
new text begin
(iii) the exact quantity of the ortho-phthalate that the packaged food product contains;
and
new text end
new text begin
(iv) the quantity of ortho-phthalate in one serving size of the packaged food product.
new text end
new text begin
(5) the testing laboratory's name, address, and telephone number and the name, title,
telephone number, and email address of the laboratory employee who certified the testing
results;
new text end
new text begin
(6) a description of the testing laboratory's method of testing the packaged food product
for ortho-phthalates;
new text end
new text begin
(7) the name and address of the food manufacturer or brand owner and the name, address,
and telephone number of a contact person for the food manufacturer or brand owner; and
new text end
new text begin
(8) any other information required by the commissioner.
new text end
new text begin
(b) A food manufacturer or brand owner that is selling or distributing a packaged food
product in the state on the effective date of this act has until .... to submit a notice according
to this subdivision.
new text end
new text begin Subd. 2. new text end
new text begin Laboratory accreditation. new text end
new text begin
The laboratory that a food manufacturer or brand
owner uses for ortho-phthalate testing of packaged food products must be accredited
according to the standards of the International Organization for Standardization
(ISO)/International Electrotechnical Commission (IEC) 17025:2017 General Requirements
for the Competence of Testing and Calibration Laboratories (November 30, 2017).
new text end
new text begin Subd. 3. new text end
new text begin Testing frequency. new text end
new text begin
A food manufacturer or brand owner that sells or distributes
a packaged food product in the state must test packaged food products for ortho-phthalate
levels every two years and submit a written notice to the commissioner of agriculture
according to subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Publishing of testing results. new text end
new text begin
A food manufacturer or brand owner that sells
or distributes a packaged food product in the state must make testing results of all packaged
food products publicly available by posting the results on the food manufacturer's or brand
owner's website. The website must be easily found by a consumer and must include:
new text end
new text begin
(1) the name of the packaged food product;
new text end
new text begin
(2) the UPC barcode of the packaged food product and any UPC barcodes grouped under
the packaged food product tested if the packaged food product is packaged in multiple sizes;
new text end
new text begin
(3) the date that the packaged food product was tested for ortho-phthalates;
new text end
new text begin
(4) testing results indicating that no ortho-phthalates were detected in the packaged food
product or, if an ortho-phthalate was detected in the packaged food product, a description
of each ortho-phthalate that the packaged food product contains, including:
new text end
new text begin
(i) the ortho-phthalate's chemical abstracts service registry number;
new text end
new text begin
(ii) the ortho-phthalate's IUPAC name or chemical name;
new text end
new text begin
(iii) the exact quantity of the ortho-phthalate that the packaged food product contains;
and
new text end
new text begin
(iv) the quantity of ortho-phthalate in one serving size of the packaged food product.
new text end
new text begin
(5) the testing laboratory's name, address, and telephone number and the name, title,
telephone number, and email address of the laboratory employee who certified the testing
results;
new text end
new text begin
(6) a description of the testing laboratory's method of testing the packaged food product
for ortho-phthalates;
new text end
new text begin
(7) the name and address of the food manufacturer or brand owner and the name, address,
and telephone number of an employee of the food manufacturer or brand owner who answers
consumer questions about testing results; and
new text end
new text begin
(8) any other information required by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Labeling. new text end
new text begin
A food manufacturer or brand owner that sells or distributes a
packaged food product in the state must include: (1) a QR code or other machine-readable
code that links to a page on the food manufacturer's or brand owner's website that contains
the packaged food product's testing results for ortho-phthalates; and (2) a statement that
reads, "For information about ortho-phthalate testing of this product, scan the QR code."
new text end
new text begin Subd. 6. new text end
new text begin Enforcement. new text end
new text begin
If the commissioner of agriculture finds that a food manufacturer
or brand owner has violated this section, the commissioner must enforce this section by
taking administrative actions under section 34A.06 or imposing administrative penalties
under section 34A.07.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end