HF 3267

as introduced - 94th Legislature (2025 - 2026) Posted on 04/28/2025 10:18am

A bill for an act
relating to environment; regulating toxics in cosmetics; authorizing rulemaking;
amending Minnesota Statutes 2024, section 325E.3892, subdivision 1; 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 [116.944] TOXIC CHEMICALS IN COSMETICS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms used have the
meanings given.
new text end

new text begin (b) "CAS" refers to the Chemical Abstracts Service number that is assigned to a substance.
new text end

new text begin (c) "Cosmetic" has the meaning given in section 116.943, subdivision 1, and does not
include prescription drugs approved by the United States Food and Drug Administration.
new text end

new text begin (d) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end

new text begin (e) "Manufacturer" has the meaning given in section 116.943, subdivision 1.
new text end

new text begin (f) "Ortho-phthalates" means esters of ortho-phthalic acid.
new text end

new text begin (g) "Small business" means a business that employs fewer than 50 people.
new text end

new text begin (h) "Vulnerable populations" includes but is not limited to:
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new text begin (1) racial or ethnic minorities;
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new text begin (2) low-income populations;
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new text begin (3) populations disproportionately impacted by environmental harms; and
new text end

new text begin (4) populations of workers experiencing environmental harms.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) Except as provided in paragraph (d), beginning January 1,
2027, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or
distribute for use in the state a cosmetic that contains any of the following intentionally
added chemicals or chemical classes:
new text end

new text begin (1) ortho-phthalates;
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new text begin (2) formaldehyde (CAS 50-00-0) and chemicals determined by the commissioner to
release formaldehyde;
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new text begin (3) methylene glycol (CAS 463-57-0);
new text end

new text begin (4) triclosan (CAS 3380-34-5);
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new text begin (5) m-phenylenediamine and its salts (CAS 108-45-2); or
new text end

new text begin (6) o-phenylenediamine and its salts (CAS 95-54-5).
new text end

new text begin (b) Except as provided in paragraphs (c) and (d), beginning January 1, 2027, no person
may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in
the state a cosmetic that contains intentionally added lead or lead compounds (CAS
7439-92-1) at two parts per million or above.
new text end

new text begin (c) Except as provided in paragraph (d), beginning January 1, 2027, no person may
manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the
state a cosmetic that contains intentionally added lead or lead compounds (CAS 7439-92-1)
at five parts per million or above if the cosmetic:
new text end

new text begin (1) contains a colorant; or
new text end

new text begin (2) is a clay mask.
new text end

new text begin (d) An in-state retailer in possession of cosmetics on January 1, 2027, may exhaust the
retailer's existing stock through sales to the public until January 1, 2028.
new text end

new text begin (e) The chemicals in paragraph (a) are restricted in cosmetics regardless of whether the
product also contains drug ingredients regulated by the United States Food and Drug
Administration.
new text end

new text begin Subd. 3. new text end

new text begin Other chemicals. new text end

new text begin By July 1, 2026, the commissioner, in consultation with the
commissioner of health, must use existing information to identify and assess the hazards of
chemicals or chemical classes that provide the same or similar function in cosmetics as the
chemicals or chemical classes in subdivision 2, paragraph (a), and that may adversely impact
vulnerable populations. The commissioner must make the information publicly available.
new text end

new text begin Subd. 4. new text end

new text begin Small business initiatives. new text end

new text begin (a) By July 1, 2026, the commissioner must
implement an initiative to support small businesses that manufacture cosmetics in efforts
to obtain voluntary environmental health certifications for cosmetics implemented by the
United States Environmental Protection Agency or other programs, as determined by the
commissioner, that are designed to identify cosmetics that do not contain identified hazards.
The initiative may include but is not limited to providing:
new text end

new text begin (1) technical assistance and support;
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new text begin (2) resources for chemical hazard assessments; and
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new text begin (3) resources for reformulating products.
new text end

new text begin (b) By July 1, 2026, the commissioner must implement an initiative to support
independent cosmetologists and small businesses that provide cosmetology services, such
as beauty salons, in efforts to transition to using safer cosmetics. The initiative may include
but is not limited to providing:
new text end

new text begin (1) technical assistance and support;
new text end

new text begin (2) resources for identifying safer cosmetic products; and
new text end

new text begin (3) resources for financial incentives to eligible participants to replace cosmetic products
containing toxic chemicals, implement disposal programs, and use safer products.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner may adopt rules as necessary to implement,
administer, and enforce this section.
new text end

new text begin (b) The commissioner must adopt rules to establish a list of chemicals that are used in
cosmetics and that release formaldehyde according to subdivision 2, paragraph (a), clause
(2). In establishing the list, the commissioner must consider:
new text end

new text begin (1) the estimated prevalence of use;
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new text begin (2) the potential to reduce disproportionate exposure; and
new text end

new text begin (3) other information deemed relevant by the commissioner.
new text end

new text begin (c) The commissioner may identify for regulation under this section an initial set of no
more than ten of the listed chemicals that are used in cosmetics and that release formaldehyde.
The regulation must take effect on or after January 1, 2028.
new text end

new text begin (d) Regulation of the remaining listed chemicals that are used in cosmetics and that
release formaldehyde may take effect on or after January 1, 2029.
new text end

new text begin (e) The commissioner may adopt additional rules after January 1, 2029, including
developing supplemental lists of chemicals that release formaldehyde and adopting additional
restrictions.
new text end

new text begin (f) Before beginning rulemaking under this section, the commissioner must engage with
relevant stakeholders to ensure the availability of adequate expertise and input. The
stakeholder process must include but is not limited to soliciting input from representatives
of independent cosmetologists; small businesses offering cosmetology services, such as
beauty salons; and small-business manufacturers of cosmetics. The input received from
stakeholders must be considered when adopting rules.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin (a) A manufacturer that produces a product or imports or
domestically distributes a product in or into the state in violation of this section, a rule
adopted under this section, or an order issued by the commissioner is subject to a civil
penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers
who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat
offense.
new text end

new text begin (b) The commissioner may enforce this section under sections 115.071 and 116.072.
The commissioner may coordinate with the commissioners of commerce and health in
enforcing this section.
new text end

new text begin (c) When requested by the commissioner, a person must furnish to the commissioner
any information that the person may have or may reasonably obtain that is relevant to show
compliance with this section.
new text end

new text begin (d) All penalties collected under this section must be deposited in the environmental
fund.
new text end

Sec. 2.

Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, "covered product" means any
of the following products or product components:

(1) jewelry;

(2) toys;

(3) deleted text begin cosmetics and deleted text end personal care products;

(4) puzzles, board games, card games, and similar games;

(5) play sets and play structures;

(6) outdoor games;

(7) school supplies;

(8) pots and pans;

(9) cups, bowls, and other food containers;

(10) craft supplies and jewelry-making supplies;

(11) chalk, crayons, paints, and other art supplies;

(12) fidget spinners;

(13) costumes, costume accessories, and children's and seasonal party supplies;

(14) keys, key chains, and key rings; and

(15) clothing, footwear, headwear, and accessories.