HF 458

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/11/2013 03:54pm

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:

Section 1.

new text begin [325F.174] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 325F.174 to 325F.176, the following terms have
the meanings given them.
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new text begin (b) "Child" means a person under 12 years of age.
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new text begin (c) "Children's product" means a product 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, toy, 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 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.175] FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
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new text begin Beginning January 1, 2014, no manufacturer may knowingly sell or offer for initial
sale at retail in this state a children's product that contains:
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new text begin (1) formaldehyde, including formaldehyde contained in a solution; or
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new text begin (2) ingredients that chemically degrade under normal conditions of temperature and
pressure to release formaldehyde.
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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.176] FORMALDEHYDE REPLACEMENT CHEMICALS.
new text end

new text begin 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;
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new text begin (2) cause cancer, genetic damage, or reproductive harm;
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new text begin (3) disrupt the endocrine or hormone system; or
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new text begin (4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity.
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new text begin EFFECTIVE DATE. 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