HF 934

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; restricting the manufacture and sale of certain
polybrominated diphenyl ethers; requiring a report; providing penalties;
proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.385] PRODUCTS CONTAINING POLYBROMINATED
DIPHENYL ETHER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of sections 325E.386 to 325E.388,
the terms in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commercial decabromodiphenyl ether. new text end

new text begin "Commercial
decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl ether,
including associated polybrominated diphenyl ether impurities not intentionally added.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

new text begin Subd. 4. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means any person, firm, association,
partnership, corporation, governmental entity, organization, or joint venture that produces
a product containing polybrominated diphenyl ethers or an importer or domestic
distributor of a noncomestible product containing polybrominated diphenyl ethers.
new text end

new text begin Subd. 5. new text end

new text begin Polybrominated diphenyl ethers or PBDE's. new text end

new text begin "Polybrominated diphenyl
ethers" or "PBDE's" means chemical forms that consist of diphenyl ethers bound with
bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the
three primary forms of the commercial mixtures known as pentabromodiphenyl ether,
octabromodiphenyl ether, and decabromodiphenyl ether.
new text end

new text begin Subd. 6. new text end

new text begin Retailer. new text end

new text begin "Retailer" means a person who offers a product for sale at retail
through any means, including, but not limited to, remote offerings such as sales outlets,
catalogs, or the Internet, but does not include a sale that is a wholesale transaction with a
distributor or a retailer.
new text end

new text begin Subd. 7. new text end

new text begin Used product. new text end

new text begin "Used product" means any product that has been previously
owned, purchased, or sold in commerce. Used product does not include any product
manufactured after January 1, 2008.
new text end

Sec. 2.

new text begin [325E.386] PRODUCTS CONTAINING CERTAIN POLYBROMINATED
DIPHENYL ETHERS BANNED; EXEMPTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Penta and octabromodiphenyl ethers. new text end

new text begin Except as provided in
subdivision 3, beginning January 1, 2008, a person may not manufacture, process, or
distribute in commerce a product or flame-retardant part of a product containing more
than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
by mass.
new text end

new text begin Subd. 2. new text end

new text begin Exemptions. new text end

new text begin The following products containing polybrominated diphenyl
ethers are exempt from subdivision 1:
new text end

new text begin (1) the sale or distribution of any used transportation vehicle with component parts
containing polybrominated diphenyl ethers;
new text end

new text begin (2) the sale or distribution of any used transportation vehicle parts or new
transportation vehicle parts manufactured before January 1, 2008, that contain
polybrominated diphenyl ethers;
new text end

new text begin (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of equipment containing polybrominated diphenyl ethers and used primarily
for military or federally funded space program applications. This exemption does not
cover consumer-based goods with broad applicability;
new text end

new text begin (4) the sale or distribution by a business, charity, public entity, or private party of
any used product containing polybrominated diphenyl ethers;
new text end

new text begin (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
foam containing more than one-tenth of one percent penta polybrominated diphenyl
ether; or
new text end

new text begin (6) medical devices.
new text end

new text begin In-state retailers in possession of products on January 1, 2008, that are banned for
sale under subdivision 1 may exhaust their stock through sales to the public.
new text end

new text begin Nothing in this section restricts the ability of a manufacturer, importer, or distributor
from transporting products containing polybrominated diphenyl ethers through the state,
or storing such products in the state for later distribution outside the state.
new text end

Sec. 3.

new text begin [325E.387] REVIEW OF DECABROMODIPHENYL ETHER.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner duties. new text end

new text begin The commissioner in consultation
with the commissioners of health and public safety shall review uses of commercial
decabromodiphenyl ether, availability of technically feasible and safer alternatives, fire
safety and any evidence regarding the potential harm to public health and the environment
posed by commercial decabromodiphenyl ether and the alternatives. The commissioner
must consult with key stakeholders. The commissioner must also review the findings from
similar state and federal agencies and must report their findings and recommendations to
the appropriate committees of the legislature no later than January 15, 2008.
new text end

new text begin Subd. 2. new text end

new text begin State procurement. new text end

new text begin By January 1, 2008, the commissioner of
administration shall make available for purchase and use by all state agencies only
equipment, supplies, and other products that do not contain polybrominated diphenyl
ethers, unless exempted under section 325E.386, subdivision 2.
new text end

Sec. 4.

new text begin [325E.388] PENALTIES.
new text end

new text begin A manufacturer who violates sections 325E.386 to 325E.388 is subject to a
civil penalty not to exceed $1,000 for each violation in the case of a first offense. A
manufacturer is subject to a civil penalty not to exceed $5,000 for each repeat offense.
Penalties collected under this section must be used by the commissioner to implement
and enforce this section.
new text end