Minnesota Legislature
HF 326
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am
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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.
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[325F.172] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Scope. new text end
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For the purposes of sections 325F.172 to 325F.175, the
following terms have the meanings given them.
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new text begin Subd. 2. new text end
new text begin Child. new text end
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"Child" means a person under three years of age.
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new text begin Subd. 3. new text end
new text begin Children's product. new text end
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(a) "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:
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(1) as a toy;
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(2) to facilitate feeding; or
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(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.
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(b) "Children's product" does not include:
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(1) a "device" as defined in the Federal Food, Drug, and Cosmetic Act, United States
Code, title 21, section 321, paragraph (h); or
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(2) a container containing a food or beverage, except that a container containing
infant formula is a "children's product."
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new text begin Subd. 4. new text end
new text begin Container. new text end
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"Container" means an airtight metal, glass, or plastic container
or a container composed of a combination of these materials that contains a food or
beverage.
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new text begin Subd. 5. new text end
new text begin Infant formula. new text end
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"Infant formula" has the meaning given in the Federal
Food, Drug, and Cosmetic Act, United States Code, title 21, section 321, paragraph (z).
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS.
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(a) By January 1, 2010, no manufacturer may sell or offer for sale in this state a
children's product that contains bisphenol-A, except that a manufacturer of infant formula
sold in a container is not required to comply with this section until January 1, 2013.
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(b) This section does not apply to sale of a used children's product.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 3.
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[325F.174] REPLACEMENT CHEMICALS.
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A manufacturer may not sell or offer for sale in Minnesota a children's product that,
as a direct result of the prohibition in section 325F.173, contains a chemical that is:
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(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
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(2) identified by the federal Environmental Protection Agency as causing birth
defects, hormone disruption, or harm to reproduction or development.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 4.
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[325F.175] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
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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.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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