SF 1789

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; banning certain substances
after a certain date; 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] REGULATION OF CERTAIN BDE
PRODUCTS.
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 this
section, the following terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Octabde. new text end

new text begin "OctaBDE" means octabromodiphenyl
ether.
new text end

new text begin Subd. 3. new text end

new text begin Pbde. new text end

new text begin "PBDE" means polybrominated diphenyl
ether.
new text end

new text begin Subd. 4. new text end

new text begin Pentabde. new text end

new text begin "PentaBDE" means pentabromodiphenyl
ether.
new text end

new text begin Subd. 5. new text end

new text begin Decabde. new text end

new text begin "DecaBDE" means decabromodiphenyl
ether.
new text end

new text begin Subd. 6. new text end

new text begin Findings. new text end

new text begin The legislature finds that:
new text end

new text begin (a) Chemicals known as brominated flame retardants (BFR's)
are widely used in the United States. To meet stringent fire
standards, manufacturers add BFR's to a multitude of products,
including plastic housing of electronics and computers, circuit
boards, and the foam and textiles used in furniture.
new text end

new text begin (b) Polybrominated diphenyl ether (PBDE), which is a
subcategory of BFR's, has increased fortyfold in human breast
milk since the 1970's.
new text end

new text begin (c) PBDE has the potential to disrupt thyroid hormone
balance and contribute to a variety of developmental deficits,
including low intelligence and learning disabilities. PBDE may
also have the potential to cause cancer.
new text end

new text begin (d) Substantial efforts to eliminate BFR's from products
have been made throughout the world, including private and
public sectors. These efforts have made available numerous
alternatives safe to human health while meeting stringent fire
standards. To meet market demand, it is in the interest of
Minnesota manufacturers to eliminate the use of BFR's.
new text end

new text begin (e) In order to protect the public health and the
environment, the legislature believes it is necessary for the
state to develop a precautionary approach regarding the
production, use, storage, and disposal of products containing
brominated fire retardants.
new text end

new text begin Subd. 7. new text end

new text begin Regulation of bde, effective january 1, 2006.
new text end

new text begin Effective January 1, 2006, a person may not manufacture,
process, or distribute in commerce a product, or a
flame-retarded part of a product, containing more than one-tenth
of one percent of pentaBDE or octaBDE by mass. Effective
January 1, 2008, a person may not manufacture, process, or
distribute in commerce a product, or a flame-retarded part of a
product, containing more than one-tenth of one percent of
decaBDE by mass. The term "process," as used in this
subdivision, does not include the processing of metallic
recyclables containing pentaBDE or octaBDE that is conducted in
compliance with all applicable federal, state, and local laws.
new text end

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin The attorney general shall enforce
this section under the provisions of section 8.31.
new text end