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Minnesota Legislature

Office of the Revisor of Statutes

HF 326

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public health; protecting the health of children; prohibiting
bisphenol-A in products for young children; 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.175, the following terms have
the meanings given them.
new text end

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

new text begin (c) "Children's product" means a product, including containers used to contain infant
formulas, designed or intended by a manufacturer to be used by a child:
new text end

new text begin (1) as a toy;
new text end

new text begin (2) to facilitate feeding; or
new text end

new text begin (3) to be introduced into, or otherwise applied to, the human body or any part
thereof, including any article used as a component of such a product.
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. 2.

new text begin [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS.
new text end

new text begin By January 1, 2010, no manufacturer may sell or offer for sale in this state a new
children's product that contains bisphenol-A. As it applies to manufacturers of infant
formula containers, the date for compliance with this section is January 1, 2013.
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 [325F.174] REPLACEMENT CHEMICALS.
new text end

new text begin A manufacturer shall not replace bisphenol-A as a result of the prohibitions in
sections 325F.173 with a chemical that is:
new text end

new text begin (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be
a human carcinogen" in the most recent Report on Carcinogens published by the National
Toxicology Program in the United States Department of Health and Human Services; or
new text end

new text begin (2) identified by the federal Environmental Protection Agency as causing birth
defects, hormone disruption, or harm to reproduction or development.
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. 4.

new text begin [325F.175] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
new text end

new text begin The Pollution Control Agency may participate in the establishment and
implementation of a multistate clearinghouse to identify children's products containing
bisphenol-A and to evaluate safer alternatives that may be substituted for that chemical.
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