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HF 458

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/06/2013 03:47pm

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to public health; banning formaldehyde in certain children's products;
1.3proposing coding for new law in Minnesota Statutes, chapter 325F.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. [325F.174] DEFINITIONS.
1.6(a) For the purposes of sections 325F.174 to 325F.176, the following terms have
1.7the meanings given them.
1.8(b) "Child" means a person under eight years of age.
1.9(c) "Children's product" means a product primarily designed or intended by a
1.10manufacturer to be physically applied to or introduced into a child's body, including any
1.11article used as a component of such a product and excluding a food, beverage, dietary
1.12supplement, pharmaceutical product or biologic, children's toys that are covered by the
1.13ASTM International F963 standard for Toy Safety, or a medical device as defined in
1.14the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
1.15as amended through February 15, 2013.
1.16EFFECTIVE DATE.This section is effective the day following final enactment.

1.17    Sec. 2. [325F.175] FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
1.18(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
1.19sale in this state a children's product that intentionally contains:
1.20(1) formaldehyde, including formaldehyde contained in a solution; or
1.21(2) ingredients that chemically degrade under normal conditions of temperature and
1.22pressure to release formaldehyde.
2.1(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
2.2children's product that intentionally contains:
2.3(1) formaldehyde, including formaldehyde contained in a solution; or
2.4(2) ingredients that chemically degrade under normal conditions of temperature and
2.5pressure to release formaldehyde.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.

2.7    Sec. 3. [325F.176] FORMALDEHYDE REPLACEMENT CHEMICALS.
2.8(a) A manufacturer shall not replace a chemical whose use is prohibited in section
2.9325F.175 with a chemical known to the manufacturer to have been identified on the basis
2.10of credible scientific evidence by a state, federal, or international agency as being known
2.11or suspected with a high degree of probability to:
2.12(1) harm the normal development of a fetus or child or cause other developmental
2.13toxicity;
2.14(2) cause cancer, genetic damage, or reproductive harm;
2.15(3) disrupt the endocrine or hormone system; or
2.16(4) damage the nervous system, immune system, or organs, or cause other systemic
2.17toxicity.
2.18(b) For the purposes of this section, international agency does not include an agency
2.19affiliated with a country on the U.S. Department of State list of state sponsors of terrorism
2.20or the U.S. Department of Treasury list of countries with trade restrictions or sanctions.
2.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.22committed on or after that date.

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