SF 321

as introduced - 91st Legislature (2019 - 2020) Posted on 01/22/2019 03:21pm

A bill for an act
relating to health; prohibiting the use of certain flame-retardant chemicals in certain
products; amending Minnesota Statutes 2018, section 325F.071.

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

Section 1.

Minnesota Statutes 2018, section 325F.071, is amended to read:

325F.071 FLAME-RETARDANT CHEMICALS; PROHIBITION.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given.

(b) "Child" means a person under 12 years of age.

(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, a
medical device as defined in the Federal Food, Drug, and Cosmetic Act, United States Code,
title 21, section 321(h), products listed under section 116.9405, clauses (10) and (11), and
products listed under sections 325F.03 and 325F.04.

(d) "Upholstered deleted text begin residential deleted text end furniture" means furniture with padding, coverings, and
cushions deleted text begin intended and sold for use in the home or places of lodging deleted text end .

new text begin (e) "Residential or business textile" means a textile designed for use in the home,
businesses, or places of lodging as a covering on windows, walls, or floors. Residential or
business textile includes carpeting and carpet padding.
new text end

Subd. 2.

Flame-retardant chemicals; prohibition.

(a) On and after July 1, deleted text begin 2018 deleted text end new text begin 2020 new text end ,
no manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale, or
distribute for use in this state a children's product deleted text begin or deleted text end new text begin , new text end upholstered deleted text begin residential deleted text end furniture new text begin ,
residential or business textile, or mattress new text end containing, in amounts greater than 1,000 parts
per million in any product component, deleted text begin the following flame-retardants: deleted text end new text begin any halogenated,
phosphorus-based, nitrogen-based, and nanoscale flame retardants.
new text end

deleted text begin (1) TDCPP (tris(1,3-dichloro-2-propyl)phosphate), Chemical Abstracts Service number
13674-87-8;
deleted text end

deleted text begin (2) decabromodiphenyl ether, Chemical Abstracts Service number 1163-19-5;
deleted text end

deleted text begin (3) hexabromocyclododecane, Chemical Abstracts Service number 25637-99-4; and
deleted text end

deleted text begin (4) TCEP (tris(2-chloroethyl)phosphate), Chemical Abstracts Service number 115-96-8.
deleted text end

(b) On and after July 1, deleted text begin 2019 deleted text end new text begin 2021 new text end , no retailer may sell or offer for sale or use in this
state a children's product deleted text begin or deleted text end new text begin , new text end upholstered deleted text begin residential deleted text end furniture new text begin , residential or business textile,
or mattress new text end containing in amounts greater than 1,000 parts per million in any product
component the flame retardant chemicals listed in paragraph (a).

(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.

Subd. 3.

Flame-retardant chemicals; replacement chemicals.

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:

(1) harm the normal development of a fetus or child or cause other developmental
toxicity;

(2) cause cancer, genetic damage, or reproductive harm;

(3) disrupt the endocrine or hormone system; or

(4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity.

new text begin Subd. 4. new text end

new text begin Firefighting foam. new text end

new text begin Beginning July 1, 2020, no manufacturer or wholesaler
may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state
class B firefighting foam that contains intentionally added PFC or perfluorinated chemicals.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin The commissioner of the Pollution Control Agency shall enforce
compliance with this section under authority of sections 115.071 and 116.072. The
commissioner shall coordinate with the Department of Commerce and the Department of
Health in enforcing provisions of this section.
new text end