HF 1100

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/26/2015 03:54pm

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

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

Section 1.

[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, or a medical device as defined in the Federal Food, Drug, and
Cosmetic Act, United States Code, title 21, section 321(h).

(d) "Residential textile" means a textile used for use in the home or places of
lodging as a covering on windows, walls, or floors. Residential textile includes carpeting
and carpet padding.

(e) "Upholstered residential furniture" means furniture with padding, coverings, and
cushions intended and sold for use in the home or places of lodging.

Subd. 2.

Flame-retardant chemicals; prohibition.

(a) On and after July 1, 2017,
no manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale,
or distribute for use in this state a children's product, upholstered residential furniture,
residential textile, or mattress containing, in amounts greater than 1,000 parts per million
in any product component, the following flame-retardant chemicals:

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

(2) TCEP (tris(2-chloroethyl)phosphate), Chemical Abstracts Service number
115-96-8;

(3) tetrabromobisphenol A, Chemical Abstracts Service number 79-94-7;

(4) decabromodiphenyl ether, Chemical Abstracts Service number 1163-19-5;

(5) antimony, Chemical Abstracts Service number 7440-36-0;

(6) hexabromocyclododecane, Chemical Abstracts Service number 25637-99-4;

(7) tetrabromo phthalate (TBPH), Chemical Abstract Service number 26040-51-7;

(8) tetrabromo benzoate (TBB), Chemical Abstract Service number 183658-27-7;

(9) chlorinated paraffins, Chemical Abstract Service number 85535-84-8; or

(10) tris(1-chloro-2-propyl)phosphate (TCPP), Chemical Abstract Service number
13674-84-5.

(b) On and after July 1, 2018, no retailer may sell or offer for sale or use in this
state a children's product, upholstered residential furniture, residential textile, or mattress
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.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment.