SF 1215

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2015 03:24pm

A bill for an act
relating to health; prohibiting the use of certain flame-retardant chemicals in
certain 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.071] FLAME-RETARDANT CHEMICALS; PROHIBITION.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
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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 primarily designed or intended by a
manufacturer to be used by or for a child, including any article used as a component
of such a product, but excluding a food, beverage, dietary supplement, pharmaceutical
product or biologic, children's toys that are subject to the most recent version of
the American Society for Testing and Materials F963, Standard Consumer Safety
Specification 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).
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new text begin (d) "Upholstered residential furniture" means furniture with padding, coverings, and
cushions intended and sold for use in the home or places of lodging.
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new text begin (e) "Residential textile" means a textile designed for use in the home or places of
lodging as a covering on windows, walls, or floors. Residential textile includes carpeting
and carpet padding.
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new text begin Subd. 2. new text end

new text begin Flame-retardant chemicals; prohibition. new text end

new text begin (a) On and after July 1, 2017,
no manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale,
or distribute for use in this state a children's product, upholstered residential furniture,
residential textile, or mattress containing, in amounts greater than 1,000 parts per million
in any product component, the following flame-retardant chemicals:
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new text begin (1) TDCPP (tris(1,3-dichloro-2-propyl)phosphate), Chemical Abstracts Service
number 13674-87-8;
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new text begin (2) TCEP (tris(2-chloroethyl)phosphate), Chemical Abstracts Service number
115-96-8;
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new text begin (3) tetrabromobisphenol A, Chemical Abstracts Service number 79-94-7;
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new text begin (4) decabromodiphenyl ether, Chemical Abstracts Service number 1163-19-5;
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new text begin (5) antimony, Chemical Abstracts Service number 7440-36-0;
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new text begin (6) hexabromocyclododecane, Chemical Abstracts Service number 25637-99-4;
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new text begin (7) tetrabromo phthalate (TBPH), Chemical Abstract Service number 26040-51-7;
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new text begin (8) tetrabromo benzoate (TBB), Chemical Abstract Service number 183658-27-7;
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new text begin (9) chlorinated paraffins, Chemical Abstract Service number 85535-84-8; or
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new text begin (10) tris(1-chloro-2-propyl)phosphate (TCPP), Chemical Abstract Service number
13674-84-5.
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new text begin (b) On and after July 1, 2018, no retailer may sell or offer for sale or use in this
state a children's product, upholstered residential furniture, residential textile, or mattress
containing, in amounts greater than 1,000 parts per million in any product component, the
flame retardant chemicals listed in paragraph (a).
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new text begin (c) The sale or offer for sale of any previously owned product containing a chemical
restricted under this section is exempt from the provisions of this section.
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new text begin Subd. 3. new text end

new text begin Flame-retardant chemicals; replacement chemicals. new text end

new text begin A manufacturer
shall not replace a chemical whose use is prohibited under this section with a chemical
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:
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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 the day following final enactment.
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