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HF 1590

as introduced - 87th Legislature (2011 - 2012) Posted on 04/27/2011 10:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public health; requiring reporting by manufacturers of children's
products that contain harmful chemicals; specifying treatment of harmful
chemicals that are trade secrets; amending Minnesota Statutes 2010, section
13.7411, subdivision 8; proposing coding for new law in Minnesota Statutes,
chapter 116.

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

Section 1.

Minnesota Statutes 2010, section 13.7411, subdivision 8, is amended to read:


Subd. 8.

Pollution Control Agency.

(a) Hazardous waste generators.
Information provided by hazardous waste generators under section 473.151 and for which
confidentiality is claimed is governed by section 116.075, subdivision 2.

(b) Tests. Trade secret information made available by applicants for certain projects
of the Pollution Control Agency is classified under section 116.54.

new text begin (c) Priority chemical. Identification of a chemical that is trade secret information as
a priority chemical is classified under section 116.9408.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [116.9408] PRIORITY CHEMICAL; PUBLIC DATA.
new text end

new text begin Notwithstanding section 13.37, subdivision 2, identification of a chemical that is
trade secret information as a priority chemical through designation or publication under
section 116.9403 is classified as public data.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [116.9409] PRIORITY CHEMICAL; NOT MISAPPROPRIATION.
new text end

new text begin Notwithstanding section 325C.01, subdivision 3, designation or publication of the
identity of a priority chemical under section 116.9403 is not misappropriation of a trade
secret and is not subject to the remedies provided in chapter 325C or any other law.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

new text begin [116.941] REPORTING OF INFORMATION ON PRIORITY
CHEMICALS.
new text end

new text begin (a) Within 180 days after a priority chemical is designated under section 116.9403,
or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
January 1, 2012, a manufacturer or distributor of a children's product offered for sale in
this state that contains a priority chemical shall, unless the children's product is not subject
to regulation under section 116.9405, provide the following information to the agency on
a form developed by the commissioner:
new text end

new text begin (1) the name of the priority chemical and its chemical abstracts service registry
number;
new text end

new text begin (2) in which of the following categories the children's product containing a priority
chemical belongs:
new text end

new text begin (i) Category 1: a children's product intended to be used by children three years of age
or younger or intended to be placed in a child's mouth or directly applied to a child's skin;
new text end

new text begin (ii) Category 2: a children's product intended to be in direct contact with a child's
skin for one hour or longer, including, but not limited to, clothing, jewelry, bedding,
or a car seat;
new text end

new text begin (iii) Category 3: a children's product intended to be in direct contact with a child's
skin for less than one hour; or
new text end

new text begin (iv) Category 4: a children's product in which a priority chemical is only contained
in an internal component not intended to be in direct contact with a child's skin or mouth;
new text end

new text begin (3) an estimate of the total amount of the priority chemical contained in each product
and product component, a description of how the estimate was made, and an evaluation of
the estimate's accuracy;
new text end

new text begin (4) the number of units of the children's product sold or distributed in Minnesota
or nationally;
new text end

new text begin (5) any assessment of the use of safer alternatives to the priority chemical contained
in the children's product;
new text end

new text begin (6) any other information the manufacturer deems relevant; and
new text end

new text begin (7) any information requested by the commissioner.
new text end

new text begin (b) If the information required in paragraph (a) is not submitted in a timely fashion,
or is incomplete or otherwise unacceptable, as determined by the agency, the agency may
contract with an independent third party of the agency's choice to provide the information
and may assess a fee on the manufacturer or distributor that is equal to the costs billed by
the independent contractor plus the agency's actual costs incurred to bid and administer
the contract. If the priority chemical in question is claimed as a trade secret under section
325C.01, subdivision 5, any contract between the agency and a third party for information
required under this section must stipulate that the trade secret status of the information
be maintained.
new text end

new text begin (c) Following the initial submission of the information required under paragraph
(a), a manufacturer or distributor of a children's product offered for sale in this state that
continues to contain a priority chemical must submit the information required under
paragraph (a) to the commissioner every two years thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the range reference "sections 116.9401 to
116.9407" to "sections 116.9401 to 116.941" wherever it appears in Minnesota Statutes
and Minnesota Rules.
new text end