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HF 81

as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 06:35pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/07/2025

Current Version - as introduced

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A bill for an act
relating to environment; exempting off-highway vehicles, snowmobiles, and
electric-assisted bicycles from prohibitions on PFAS in certain juvenile products;
amending Minnesota Statutes 2024, section 116.943, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 116.943, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.

(c) "Air care product" means a chemically formulated consumer product labeled to
indicate that the purpose of the product is to enhance or condition the indoor environment
by eliminating odors or freshening the air.

(d) "Automotive maintenance product" means a chemically formulated consumer product
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 maintenance product does not include
automotive paint or paint repair products.

(e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.

(f) "Cleaning product" means a finished product used primarily for domestic, commercial,
or institutional cleaning purposes, including but not limited to an air care product, an
automotive maintenance product, a general cleaning product, or a polish or floor maintenance
product.

(g) "Commissioner" means the commissioner of the Pollution Control Agency.

(h) "Cookware" means durable houseware items used to prepare, dispense, or store food,
foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills,
baking sheets, baking molds, trays, bowls, and cooking utensils.

(i) "Cosmetic" means articles, excluding soap:

(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for the purpose of cleansing, beautifying,
promoting attractiveness, or altering the appearance; and

(2) intended for use as a component of any such article.

(j) "Currently unavoidable use" means a use of PFAS that the commissioner has
determined by rule under this section to be essential for health, safety, or the functioning
of society and for which alternatives are not reasonably available.

new text begin (k) "Electric-assisted bicycle" has the meaning given under section 169.011, subdivision
27.
new text end

deleted text begin (k)deleted text end new text begin (l)new text end "Fabric treatment" means a substance applied to fabric to give the fabric one or
more characteristics, including but not limited to stain resistance or water resistance.

deleted text begin (l)deleted text end new text begin (m)new text end "Intentionally added" means PFAS deliberately added during the manufacture
of a product where the continued presence of PFAS is desired in the final product or one
of the product's components to perform a specific function.

deleted text begin (m)deleted text end new text begin (n)new text end "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:

(1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
crib; stroller; and toddler mattress; and

(2) not including a children's electronic product such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
or power cord; deleted text begin ordeleted text end an adult mattressnew text begin ; an off-highway vehicle; a snowmobile; or an
electric-assisted bicycle
new text end .

deleted text begin (n)deleted text end new text begin (o)new text end "Manufacturer" means the person that creates or produces a product or whose
brand name is affixed to the product. In the case of a product imported into the United
States, manufacturer includes the importer or first domestic distributor of the product if the
person that manufactured or assembled the product or whose brand name is affixed to the
product does not have a presence in the United States.

deleted text begin (o)deleted text end new text begin (p)new text end "Medical device" has the meaning given "device" under United States Code, title
21, section 321, subsection (h).

new text begin (q) "Off-highway vehicle" has the meaning given under section 84.771.
new text end

deleted text begin (p)deleted text end new text begin (r)new text end "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

deleted text begin (q)deleted text end new text begin (s)new text end "Product" means an item manufactured, assembled, packaged, or otherwise
prepared for sale to consumers, including but not limited to its product components, sold
or distributed for personal, residential, commercial, or industrial use, including for use in
making other products.

deleted text begin (r)deleted text end new text begin (t)new text end "Product component" means an identifiable component of a product, regardless
of whether the manufacturer of the product is the manufacturer of the component.

deleted text begin (s)deleted text end new text begin (u)new text end "Ski wax" means a lubricant applied to the bottom of snow runners, including
but not limited to skis and snowboards, to improve their grip or glide properties. Ski wax
includes related tuning products.

new text begin (v) "Snowmobile" has the meaning given under section 84.81, subdivision 3.
new text end

deleted text begin (t)deleted text end new text begin (w)new text end "Textile" means an item made in whole or part from a natural or synthetic fiber,
yarn, or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool,
viscose, nylon, and polyester.

deleted text begin (u)deleted text end new text begin (x)new text end "Textile furnishings" means textile goods of a type customarily used in households
and businesses, including but not limited to draperies, floor coverings, furnishings, bedding,
towels, and tablecloths.

deleted text begin (v)deleted text end new text begin (y)new text end "Upholstered furniture" means an article of furniture that is designed to be used
for sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling
material.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Minnesota Office of the Revisor of Statutes, Centennial Office Building, 3rd Floor, 658 Cedar Street, St. Paul, MN 55155