HF 3508

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing protection of drinking 
  1.3             water, air, and land from chemicals found to cause 
  1.4             cancer or reproductive toxicity; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 144.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [144.3711] [HEALTH PROTECTION RIGHTS.] 
  1.8      Subdivision 1.  [CONTAMINATION PROHIBITED.] A person may 
  1.9   not knowingly discharge or release into drinking water, air, or 
  1.10  land a chemical known to the state to cause cancer or 
  1.11  reproductive toxicity. 
  1.12     Subd. 2.  [REQUIRED WARNING PRIOR TO EXPOSURE.] A person 
  1.13  may not knowingly and intentionally expose any other individual 
  1.14  to a chemical known to the state to cause cancer or reproductive 
  1.15  toxicity without first giving a clear and reasonable warning to 
  1.16  the individual. 
  1.17     Subd. 3.  [CHEMICALS KNOWN TO CAUSE CANCER OR REPRODUCTIVE 
  1.18  TOXICITY.] (a) The commissioner of health shall publish a list 
  1.19  of chemicals known to the state to cause cancer, birth defects, 
  1.20  or reproductive harm and shall revise and republish the list at 
  1.21  least every two years after the date of enactment of this 
  1.22  section. 
  1.23     (b) The commissioner shall find that a chemical is known to 
  1.24  the state to cause cancer or reproductive toxicity and add the 
  1.25  chemical to the list if: 
  2.1      (1) the commissioner finds that the chemical has been 
  2.2   clearly shown through scientifically valid testing according to 
  2.3   generally accepted principles to cause cancer or reproductive 
  2.4   toxicity; 
  2.5      (2) an organization considered by the commissioner to be 
  2.6   authoritative has formally identified the chemical as causing 
  2.7   cancer or reproductive toxicity; or 
  2.8      (3) an agency of the state or federal government has 
  2.9   formally required the chemical to be labeled or identified as 
  2.10  causing cancer or reproductive toxicity. 
  2.11     (c) The commissioner shall utilize the list developed under 
  2.12  the California Health and Safety Code, section 25249.8, as an 
  2.13  initial list. 
  2.14     [EFFECTIVE DATE.] This section is effective the day 
  2.15  following final enactment.