Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1858

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23

A bill for an act
relating to public health; protecting reproductive health and the health of
children; prohibiting Bisphenol-A and Phthalates in products for young children;
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.172] Bisphenol-A in products for young children.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin (a) Bisphenol-A, an estrogen-mimicking endocrine
disrupter chemical, is used in the production of epoxy resins and polycarbonate plastics
and is the main ingredient in hard polycarbonate plastics. The plastics are used in many
food and drink packaging applications, and the resins are commonly used as lacquers to
coat metal products such as food cans, bottle tops, and water supply pipes.
new text end

new text begin (b) Bisphenol-A has been shown to have hormone disrupting effects, and it is used
in many products intended for use by young children, including, but not limited to, toys,
pacifiers, baby bottles, and teethers.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin Beginning January 1, 2009, no person or entity shall
manufacture, sell, or distribute in commerce any toy or child care article intended for use
by a child under three years of age if that product contains bisphenol-A.
new text end

new text begin For the purposes of sections 325F.172 to 325F.174, the following terms have the
meanings given them:
new text end

new text begin (a) "Toy" means all products designed or intended by the manufacturer to be used by
children when they play.
new text end

new text begin (b) "Child care article" means all products designed or intended by the manufacturer
to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or
teething.
new text end

Sec. 2.

new text begin [325F.173] Phthalates in products for young children.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin (a) Phthalates are chemicals used to plasticize some food
containers, plastic wrap, toys, shampoos, perfumes, and beauty products.
new text end

new text begin (b) Phthalates have been shown to have hormone disrupting effects; however, they
are used in many products intended for use by young children, including, but not limited
to, toys, pacifiers, baby bottles, and teethers.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) Beginning January 1, 2009, no person or entity shall
manufacture, sell, or distribute in commerce any toy or child care article that contains
DEHP, DBP, or BBP in concentrations exceeding 0.1 percent.
new text end

new text begin (b) Beginning January 1, 2009, no person or entity shall manufacture, sell, or
distribute in commerce any toy or child care article intended for use by a child under three
years of age if that product can be placed in the child's mouth and contains DINP, DIDP, or
DNOP in concentrations exceeding 0.1 percent.
new text end

Sec. 3.

new text begin [325F.174] Duties of manufacturers.
new text end

new text begin (a) Manufacturers shall use the least toxic alternative when replacing bisphenol-A
and phthalates according to sections 325F.172 and 325F.173.
new text end

new text begin (b) Manufacturers shall not replace bisphenol-A and phthalates, according to sections
325F.172 and 325F.173, with carcinogens rated by the United States Environmental
Protection Agency as A, B, or C carcinogens.
new text end

new text begin (c) Manufacturers shall not replace bisphenol-A and phthalates, according to sections
325F.172 and 325F.173, with reproductive toxicants that cause birth defects, reproductive
harm, or developmental harm as identified by the United States Environmental Protection
Agency.
new text end