HF 3571

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/07/2022 04:04pm

A bill for an act
relating to environment; prohibiting PFAS in juvenile products; proposing coding
for new law in Minnesota Statutes, chapter 116.

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

Section 1.

[116.943] PFAS IN JUVENILE PRODUCTS.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given:

(1) "adult mattress" means a mattress other than a crib mattress or toddler mattress;

(2) "juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:

(i) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
crib; stroller; and toddler mattress; and

(ii) not including a children's electronic product such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
or power cord; a medical device; or an adult mattress;

(3) "medical device" has the meaning given "device" under United States Code, title 21,
section 321, subsection (h); and

(4) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom.

Subd. 2.

Prohibition.

(a) A person must not manufacture, sell, offer for sale, or distribute
in commerce in the state any new juvenile product that contains perfluoroalkyl and
polyfluoroalkyl substances.

(b) This subdivision does not apply to sale or resale of used juvenile products.

Subd. 3.

Enforcement.

(a) The commissioner of the Pollution Control Agency may
enforce this section under sections 115.071 and 116.072. The commissioner may coordinate
with the commissioners of commerce and health in enforcing this section.

(b) When requested by the commissioner of the Pollution Control Agency, a person
must furnish to the commissioner any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.

EFFECTIVE DATE.

This section is effective January 1, 2024.