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SF 2274

as introduced - 90th Legislature (2017 - 2018) Posted on 04/19/2017 09:20am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to commerce; requiring labeling of cleaning product ingredients; proposing
coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

[325E.048] CLEANING PRODUCT INGREDIENTS.

Subdivision 1.

Definitions.

For purposes of this section:

(1) "chemically formulated consumer product" means a consumer product excluding
home appliances that is manufactured from chemicals or chemical compounds to be used
by household, institutional, commercial, and industrial consumers without further processing
for specific purposes. For the purposes of this subdivision, dilution by the consumer is not
considered further processing;

(2) "cleaning product" means any product included in the following categories:

(i) "air care product" means a chemically formulated consumer product designed, or
labeled to indicate that the purpose of the product is, to mask odors or to freshen, clean,
scent, or deodorize the air;

(ii) "automotive product" means a chemically formulated consumer product designed,
or labeled to indicate that the purpose of the product is, to maintain the appearance of a
motor vehicle including products for washing, waxing, polishing, cleaning, or treating the
exterior or interior surfaces of motor vehicles. Automotive product does not include
automotive paint or paint repair products;

(iii) "general cleaning product" means a soap, detergent, or other chemically formulated
consumer product designed, or labeled to indicate that the purpose of the product is, to clean
or disinfect surfaces, including but not limited to floors, furniture, countertops, showers and
baths, or other hard surfaces, such as stovetops, microwaves, and other appliances; for fabric
care; or for dish or other ware washing; and

(iv) "polish or floor maintenance product" means a chemically formulated consumer
product, such as polish, wax, or a restorer, designed, or labeled to indicate that the purpose
of the product is, to polish, protect, buff, condition, temporarily seal, or maintain furniture,
floors, metal, leather, or other surfaces;

(3) "incidental ingredient" means a contaminant in or on feedstock, water, or processing
equipment, or byproducts or intermediaries unintentionally introduced during formulation,
that are present at a level of 25 parts per million or more and have no technical functional
effect in the finished cleaning product;

(4) "ingredient" means a chemical intentionally added to a cleaning product or the
intentional breakdown product of a chemical that has an effect on the cleaning product.
Ingredient does not include an incidental ingredient; and

(5) "manufacturer" means a person or entity that manufactures, assembles, produces,
packages, repackages, or relabels a cleaning product that is sold or used in this state.

Subd. 2.

Disclosure and labeling.

(a) The manufacturer of a cleaning product
manufactured after January 1, 2019, for retail sale in Minnesota shall disclose each ingredient
contained in the product on the product label, post the product ingredient on the
manufacturer's Web site, and provide the Web site and page address on the label of the
cleaning product along with a statement directing the consumer to the Web site for a full
list of ingredients contained in the product. Each ingredient shall have an explanation of its
purpose for being in the cleaning product on the manufacturer's Web site.

(b) For purposes of disclosing each ingredient contained in the cleaning product on the
product label, the 20 most prominent ingredients shall be listed in descending order. If there
are more than 20 ingredients, the label shall also state that a listing of all ingredients is
available on the manufacturer's Web site.

(c) The manufacturer is not required to list the weight of an ingredient in the product on
the label or the manufacturer's Web site.

(d) Notwithstanding any other provision of this subdivision, an ingredient present at a
concentration of not more than one percent may be listed after the ingredients present at a
concentration of more than one percent without respect to order of predominance.

(e) An ingredient shall be listed by its Consumer Specialty Products Association (CSPA)
Consumer Product Ingredients Dictionary name. If a CSPA Consumer Product Ingredients
Dictionary name is not available, an ingredient shall be listed by its International
Nomenclature Cosmetic Ingredient (INCI) name. If an INCI name is also not available, an
ingredient shall be listed by its International Union of Pure and Applied Chemistry (IUPAC)
name. If an IUPAC name is also not available, an ingredient shall be listed by its common
chemical name and the Chemical Abstract Service (CAS) number.

(f) The CAS number of an ingredient need only be included on the ingredient list provided
on the manufacturer's Web site.

Subd. 3.

Enforcement.

The attorney general shall enforce this section under section
8.31.

EFFECTIVE DATE.

This section is effective January 1, 2019.

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