HF 458

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to the environment; requiring the Pollution Control Agency to annually
report on regulating and nonregulating mechanisms and regulations to mitigate
risk or prevent exposure to chemicals in children's products; requiring the agency
to make annual recommendations to the legislature; proposing coding for new
law in Minnesota Statutes, chapter 325F.

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

Section 1.

new text begin [325F.172] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 325F.172 to 325F.173, the following terms have
the meanings given them.
new text end

new text begin (b) "Alternative" means a substitute process, product, material, chemical, strategy,
or combination of these that serves a functionally equivalent purpose to a chemical in a
children's product.
new text end

new text begin (c) "Chemical" means a substance with a distinct molecular composition or a group
of structurally related substances and includes the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism.
new text end

new text begin (d) "Child" means a person under 12 years of age.
new text end

new text begin (e) "Children's product" means a children's product primarily intended for use by
a child, such as baby products, toys, car seats, personal care products, and clothing.
Children's product does not mean medication, drug, or food products, or the packaging
of these products.
new text end

new text begin (f) "Commissioner" means commissioner of the Pollution Control Agency.
new text end

new text begin (g) "Department" means the Pollution Control Agency.
new text end

new text begin (h) "Green chemistry" means chemistry and chemical engineering that promotes
products and processes that appropriately manage, reduce, or eliminate the use or
generation of priority chemicals of high concern.
new text end

Sec. 2.

new text begin [325F.1721] CHEMICALS IN CHILDREN'S PRODUCTS.
new text end

new text begin (a) The department shall monitor on an ongoing basis current state and federal
regulatory and nonregulatory mechanisms, and all proposals for new regulations
originating in Minnesota or in other states, designed to mitigate risk or prevent exposure
to chemicals in children's products. The department shall compile a report starting
September 1, 2010, and each September 1 thereafter about all regulations and proposals
adopted or issued within the prior 12 months.
new text end

new text begin (b) The department is authorized to participate in an interstate clearinghouse to
promote safer chemicals in consumer products in cooperation with other states and
governmental entities. The department may cooperate with the interstate clearinghouse to
classify existing chemicals in commerce into categories of concern. The department may
also cooperate with the interstate clearinghouse in order to organize and manage available
data on chemicals, including information on uses, hazards, and environmental concerns; to
produce and inventory information on safer alternatives to specific uses of chemicals of
concern and on model policies and programs; to provide technical assistance to businesses
and consumers related to safer chemicals; and to undertake other activities in support of
state programs to promote safer chemicals.
new text end

new text begin (c) By December 15, 2010, and each December 15 thereafter, the department shall
share the report issued under paragraph (a) with an external scientific peer review panel
convened by the department. By January 15, 2011, and each January 15 thereafter, the
department shall make recommendations to the legislature:
new text end

new text begin (1) to adopt regulations or proposals (i) identified under paragraph (a), including any
modifications of the regulations or proposals or (ii) any regulations or proposals initiated
by the department itself, by another state agency, or by legislation; and
new text end

new text begin (2) to reject regulations or proposals identified in paragraph (a).
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new text begin The department's external scientific peer review panel shall consider in making its
recommendations whether the regulation or proposal is supported by peer-reviewed
scientific evidence that the chemical in the children's product is known to (i) harm the
normal development of a fetus or child or cause other developmental toxicity, (ii) cause
cancer, genetic damage, or reproductive harm, (iii) disrupt the endocrine or hormone
system, (iv) damage the nervous system, immune system, or organs, or cause other
systemic toxicity, or (v) be persistent, bioaccumulative, and toxic.
new text end

new text begin (d) The department shall report on the regulations and proposals for which no
recommendation was made by the external scientific peer review panel.
new text end