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Minnesota Legislature

Office of the Revisor of Statutes

HF 326

1st Engrossment - 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 Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 325F.172 to 325F.175, the
following terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Child. new text end

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

new text begin Subd. 3. new text end

new text begin Children's product. new text end

new text begin (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:
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 (b) "Children's product" does not include:
new text end

new text begin (1) a "device" as defined in the Federal Food, Drug, and Cosmetic Act, United States
Code, title 21, section 321, paragraph (h); or
new text end

new text begin (2) a container containing a food or beverage, except that a container containing
infant formula is a "children's product."
new text end

new text begin Subd. 4. new text end

new text begin Container. new text end

new text begin "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.
new text end

new text begin Subd. 5. new text end

new text begin Infant formula. new text end

new text begin "Infant formula" has the meaning given in the Federal
Food, Drug, and Cosmetic Act, United States Code, title 21, section 321, paragraph (z).
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 (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.
new text end

new text begin (b) This section does not apply to sale of a used children's 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. 3.

new text begin [325F.174] REPLACEMENT CHEMICALS.
new text end

new text begin 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:
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