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HF 2543

as introduced - 87th Legislature (2011 - 2012) Posted on 03/05/2012 10:22am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2012

Current Version - as introduced

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A bill for an act
relating to commerce; requiring reporting of children's products containing
harmful chemicals; amending Minnesota Statutes 2010, section 116.9405;
proposing coding for new law in Minnesota Statutes, chapter 116.

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

Section 1.

Minnesota Statutes 2010, section 116.9405, is amended to read:


116.9405 APPLICABILITY.

The requirements of sections 116.9401 to do not apply to:

(1) chemicals in used children's products;

(2) priority chemicals used in the manufacturing process, but that are not present
in the final product;

(3) priority chemicals used in agricultural production;

(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
86B or their component parts, except that the use of priority chemicals in detachable
car seats is not exempt;

(5) priority chemicals generated solely as combustion by-products or that are present
in combustible fuels;

(6) retailers;

(7) pharmaceutical products or biologics;

(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
States Code, title 21, section 321(h);

(9) food and food or beverage packaging, except a container containing baby food
or infant formula;

(10) consumer electronics products and electronic components, including but not
limited to personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union now or hereafter in effect; deleted text begin or
deleted text end

(11) outdoor sport equipment, including snowmobiles as defined in section 84.81,
subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal
watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section
86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787,
subdivision 7, and all attachments and repair parts for all of this equipmentnew text begin ; or
new text end

new text begin (12) a children's product, the annual production of which is less than 3,000 unitsnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [116.9408] REPORTING INFORMATION ON PRIORITY CHEMICALS.
new text end

new text begin (a) Within 180 days after a priority chemical is designated under section 116.9403,
or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
January 1, 2013, a manufacturer or distributor of a children's product offered for sale in
the state that contains a priority chemical must, unless the children's product is not subject
to regulation under section 116.9405, provide the following information to the agency on
a form developed by the commissioner:
new text end

new text begin (1) the name of the priority chemical and its Chemical Abstracts Service Registry
number;
new text end

new text begin (2) in which of the following categories the children's product containing a priority
chemical belongs:
new text end

new text begin (i) Category 1: a children's product intended to be used by children three years of age
or younger or intended to be placed in a child's mouth or directly applied to a child's skin;
new text end

new text begin (ii) Category 2: a children's product intended to be in direct contact with a child's skin
for one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
new text end

new text begin (iii) Category 3: a children's product intended to be in direct contact with a child's
skin for less than one hour; or
new text end

new text begin (iv) Category 4: a children's product in which a priority chemical is only contained
in an internal component not intended to be in direct contact with a child's skin or mouth;
new text end

new text begin (3) an estimate of the total amount of the priority chemical contained in each product
and product component, a description of how the estimate was made, and an evaluation of
the estimate's accuracy;
new text end

new text begin (4) the number of units of the children's product sold or distributed in Minnesota
or nationally;
new text end

new text begin (5) any assessment of the use of safer alternatives to the priority chemical contained
in the children's product;
new text end

new text begin (6) any other information the manufacturer deems relevant; and
new text end

new text begin (7) any information requested by the commissioner.
new text end

new text begin (b) If the information required in paragraph (a) is not submitted in a timely fashion
or is incomplete or otherwise unacceptable as determined by the agency, the agency may
contract with an independent third party of the agency's choice to provide the information
and may assess a fee on the manufacturer or distributor that is equal to the costs billed by
the independent contractor plus the agency's actual costs incurred to bid and administer
the contract.
new text end

new text begin (c) Following the initial submission of the information required under paragraph
(a), a manufacturer or distributor of a children's product offered for sale in the state that
continues to contain a priority chemical must submit the information required under
paragraph (a) to the agency every two years thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the range reference "sections 116.9401 to
116.9407" to "sections 116.9401 to 116.9408" wherever it appears in Minnesota Statutes
and Minnesota Rules.
new text end