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Minnesota Legislature

Office of the Revisor of Statutes

HF 359

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/23/2019 10:11am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to health; prohibiting the use of certain flame-retardant chemicals in certain
products; allowing certain exemptions; amending Minnesota Statutes 2018, section
325F.071; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Section 1.

Minnesota Statutes 2018, section 325F.071, is amended to read:


325F.071 FLAME-RETARDANT CHEMICALS; PROHIBITION.

Subdivision 1.

Definitions.

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

(b) "Child" means a person under 12 years of age.

(c) "Children's product" means a product primarily designed or intended by a
manufacturer to be used by or for a child, including any article used as a component of such
a product, but excluding a food, beverage, dietary supplement, pharmaceutical product or
biologic, children's toys that are subject to the most recent version of the American Society
for Testing and Materials F963, Standard Consumer Safety Specification for Toy Safety, a
medical device as defined in the Federal Food, Drug, and Cosmetic Act, United States Code,
title 21, section 321(h), products listed under section 116.9405, clauses (10) and (11), and
products listed under sections 325F.03 and 325F.04.

(d) "Upholstered residential furniture" means furniture with padding, coverings, and
cushions intended and sold for use in the home deleted text beginor places of lodgingdeleted text end.

new text begin (e) "Mattress" means a mattress as defined in Code of Federal Regulations, title 16,
section 1632.1.
new text end

new text begin (f) "Organohalogenated chemical" means any chemical that contains one or more carbon
elements and one or more halogen elements, including fluorine, chlorine, bromine, or iodine.
new text end

new text begin (g) "Residential textile" means a textile designed for use in the home as a covering on
windows or walls.
new text end

Subd. 2.

Flame-retardant chemicals; prohibition.

(a) deleted text beginOn and after July 1, 2018,deleted text end No
manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale, or
distribute for use in this state a children's product deleted text beginordeleted text endnew text begin,new text end upholstered residential furniturenew text begin,
residential textile, or mattress
new text end containing, in amounts greater than 1,000 parts per million
in any product component, deleted text beginthe following flame-retardants:deleted text endnew text begin any organohalogenated flame
retardant chemical.
new text end

deleted text begin (1) TDCPP (tris(1,3-dichloro-2-propyl)phosphate), Chemical Abstracts Service number
13674-87-8;
deleted text end

deleted text begin (2) decabromodiphenyl ether, Chemical Abstracts Service number 1163-19-5;
deleted text end

deleted text begin (3) hexabromocyclododecane, Chemical Abstracts Service number 25637-99-4; and
deleted text end

deleted text begin (4) TCEP (tris(2-chloroethyl)phosphate), Chemical Abstracts Service number 115-96-8.
deleted text end

(b) deleted text beginOn and after July 1, 2019,deleted text end No retailer may sell or offer for sale or use in this state a
children's product deleted text beginordeleted text endnew text begin,new text end upholstered residential furniturenew text begin, residential textile, or mattressnew text end
containing in amounts greater than 1,000 parts per million in any product component the
flame retardant chemicals listed in paragraph (a).

(c) The sale or offer for sale of any previously owned product containing a chemical
restricted under this section is exempt from the provisions of this section.

new text begin Subd. 2a. new text end

new text begin Exemptions. new text end

new text begin The following are exempt from the provisions of this section:
new text end

new text begin (1) the sale or offer for sale of any previously owned product containing a chemical
restricted under this section;
new text end

new text begin (2) an electronic component of a children's product, mattress, upholstered residential
furniture, or residential textile or any associated casing;
new text end

new text begin (3) a children's product, mattress, upholstered residential furniture, or residential textile
for which there is a federal or national flammability standard;
new text end

new text begin (4) thread or fiber when used for stitching mattress components together; or
new text end

new text begin (5) components of an adult mattress other than foam. As used in this clause, "adult
mattress" means a mattress other than toddler mattress, crib mattress, or other infant sleep
product.
new text end

new text begin Subd. 2b. new text end

new text begin Exception. new text end

new text begin The prohibitions in subdivision 2 do not apply to a flame retardant
that:
new text end

new text begin (1) is a polymeric material in accordance with the criteria in Code of Federal Regulations,
title 40, section 723.250, or is chemically reacted to form a polymeric material with the
materials it is intended to protect; or
new text end

new text begin (2) has a determination of safety under United States Code, title 15, section 2604,
subsection (a), paragraph (3), subparagraph (C), or under United States Code, title 15, section
2605, subsection (b), paragraph (4).
new text end

Subd. 3.

Flame-retardant chemicals; replacement chemicals.

A manufacturer shall
not replace a chemical whose use is prohibited under this section with a chemical identified
on the basis of credible scientific evidence by a state, federal, or international agency as
being known or suspected with a high degree of probability to:

(1) harm the normal development of a fetus or child or cause other developmental
toxicity;

(2) cause cancer, genetic damage, or reproductive harm;

(3) disrupt the endocrine or hormone system; or

(4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity.

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The commissioner of the Pollution Control Agency may enforce
compliance with this section under sections 115.071 and 116.072. The commissioner must
coordinate with the commissioners of commerce and health in enforcing this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) Subdivisions 2a and 2b and the amendments to subdivision
2, paragraph (a), are effective July 1, 2021.
new text end

new text begin (b) The amendments to subdivision 2, paragraph (b), are effective July 1, 2022.
new text end

Sec. 2.

new text begin [325F.072] FIREFIGHTING FOAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Class B firefighting foam" means foam designed for flammable liquid fires.
new text end

new text begin (c) "PFAS chemicals" or "perfluoroalkyl and polyfluoroalkyl substances" means, for
the purposes of firefighting agents, a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom and designed to be fully functional in class B
firefighting foam formulations.
new text end

new text begin (d) "Political subdivision" means a county, city, town, or a metropolitan airports
commission organized and existing under sections 473.601 to 473.679.
new text end

new text begin (e) "State agency" means an agency as defined in section 16B.01, subdivision 2.
new text end

new text begin (f) "Testing" means calibration testing, conformance testing, and fixed system testing.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin Beginning on July 1, 2020, any person, political subdivision, or
state agency that discharges, uses, releases, or knows of a discharge, use, or release of class
B firefighting foam that contains intentionally added PFAS chemicals must be reported to
the Minnesota Fire Incident Reporting System within 24 hours of the discharge, use, or
release. The notification must include:
new text end

new text begin (1) the time, date, location, and estimated amount of class B firefighting foam discharged,
used, or released;
new text end

new text begin (2) the purpose or reason of the discharge, use, or release; and
new text end

new text begin (3) the containment, treatment, and disposal measures to be taken or used to prevent or
minimize the discharge or release of the foam into the environment.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition of testing and training. new text end

new text begin (a) Beginning July 1, 2020, no person,
political subdivision, or state agency shall discharge class B firefighting foam that contains
intentionally added PFAS chemicals:
new text end

new text begin (1) for testing purposes, unless the testing facility has implemented appropriate
containment, treatment, and disposal measures to prevent releases of foam to the environment;
or
new text end

new text begin (2) for training purposes, unless otherwise required by law, and with the condition that
the training event has implemented appropriate containment, treatment, and disposal measures
to prevent releases of foam to the environment. For training purposes, class B foam that
contains intentionally added PFAS chemicals shall not be used.
new text end

new text begin (b) This section does not restrict:
new text end

new text begin (1) the manufacture, sale, or distribution of class B firefighting foam that contains
intentionally added PFAS chemicals; or
new text end

new text begin (2) the discharge or other use of class B firefighting foams that contain intentionally
added PFAS chemicals in emergency firefighting or fire prevention operations.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The commissioner of the Pollution Control Agency may enforce
compliance with this section under sections 115.071 and 116.072. The commissioner must
coordinate with the commissioners of commerce and health in enforcing this section.
new text end