SF 373

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:38am

A bill for an act
relating to environment; regulating use of certain chemicals in food packaging;
requiring rulemaking; proposing coding for new law in Minnesota Statutes, chapter
116.

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

Section 1.

new text begin [116.9408] FOOD PACKAGING; PFAS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
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new text begin (1) "bisphenols" means a group of chemical compounds with two hydroxyphenyl
functionalities that are structurally similar to bisphenol A as defined by United States
Environmental Protection Agency's CompTox Chemicals Dashboard;
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new text begin (2) "commissioner" means the commissioner of the Pollution Control Agency;
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new text begin (3) "food package" means a package that is designed for direct food contact and includes
but is not limited to:
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new text begin (i) a food or beverage product that is contained in a food package or to which a food
package is applied;
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new text begin (ii) a packaging component of a food package; and
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new text begin (iii) plastic disposable gloves used in commercial or institutional food service;
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new text begin (4) "incidental presence" means the presence of a chemical as an unintended or undesired
ingredient of a package or packaging component;
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new text begin (5) "package" means a container providing a means of marketing, protecting, or handling
a product and includes:
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new text begin (i) a unit package, an intermediate package, and a shipping container; and
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new text begin (ii) unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
trays, wrappers and wrapping films, bags, and tubs;
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new text begin (6) "packaging component" means an individual assembled part of a package such as
any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping,
coatings, closures, inks, and labels;
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new text begin (7) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom; and
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new text begin (8) "phthalates" means any member of the class of organic chemicals that are esters of
phthalic acid containing 2 carbon chains located in the ortho position.
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new text begin Subd. 2. new text end

new text begin Food packaging. new text end

new text begin (a) No person may manufacture, knowingly sell, offer for
sale, distribute for sale, or distribute for use in the state a food package to which PFAS have
been intentionally added in any amount greater than an incidental presence.
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new text begin (b) No person may manufacture, knowingly sell, offer for sale, distribute for sale, or
distribute for use in the state a food package that includes inks, dyes, pigments, adhesives,
stabilizers, coatings, plasticizers, or any other additives to which phthalates have been
intentionally added in any amount greater than an incidental presence.
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new text begin (c) No person may manufacture, knowingly sell, offer for sale, distribute for sale, or
distribute for use in the state a food package to which bisphenols have been intentionally
added in any amount greater than an incidental presence.
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new text begin Subd. 3. new text end

new text begin Compliance. new text end

new text begin A manufacturer subject to the prohibitions under this section
must develop a certificate of compliance under this section. A certificate of compliance
attests that a manufacturer's product or products meets the requirements of this section. If
the commissioner requests the certificate, the manufacturer must provide the certificate
within 30 calendar days after the request is made.
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new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The commissioner must adopt rules necessary to implement, administer,
and enforce this section.
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new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 2 and 3 are effective January 1, 2023. Subdivisions
1 and 4 are effective July 1, 2021.
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