4th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/08/2013 04:15pm
A bill for an act
relating to public health; banning formaldehyde in certain children's products;
proposing coding for new law in Minnesota Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin
(a) For the purposes of sections 325F.174 to 325F.176, the following terms have
the meanings given them.
new text end
new text begin
(b) "Child" means a person under eight years of age.
new text end
new text begin
(c) "Children's product" means a product primarily designed or intended by a
manufacturer to be physically applied to or introduced into a child's body, including any
article used as a component of such a product and excluding a food, beverage, dietary
supplement, pharmaceutical product or biologic, children's toys that are covered by the
ASTM International F963 standard for Toy Safety, or a medical device as defined in
the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
as amended through February 15, 2013.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
sale in this state a children's product that intentionally contains:
new text end
new text begin
(1) formaldehyde, including formaldehyde contained in a solution; or
new text end
new text begin
(2) ingredients that chemically degrade under normal conditions of temperature and
pressure to release formaldehyde.
new text end
new text begin
(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
children's product that intentionally contains:
new text end
new text begin
(1) formaldehyde, including formaldehyde contained in a solution; or
new text end
new text begin
(2) ingredients that chemically degrade under normal conditions of temperature and
pressure to release formaldehyde.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) A manufacturer shall not replace a chemical whose use is prohibited in section
325F.175 with a chemical known to the manufacturer to have been identified on the basis
of credible scientific evidence by a state, federal, or international agency as being known
or suspected with a high degree of probability to:
new text end
new text begin
(1) harm the normal development of a fetus or child or cause other developmental
toxicity;
new text end
new text begin
(2) cause cancer, genetic damage, or reproductive harm;
new text end
new text begin
(3) disrupt the endocrine or hormone system; or
new text end
new text begin
(4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity.
new text end
new text begin
(b) For the purposes of this section, international agency does not include an agency
affiliated with a country on the U.S. Department of State list of state sponsors of terrorism
or the U.S. Department of Treasury list of countries with trade restrictions or sanctions.
new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end