Minnesota Session Laws - 2015, Regular Session

CHAPTER 62--S.F.No. 1215

An act

relating to health; prohibiting the use of certain flame-retardant chemicals in certain products; requiring a report;

proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Section 1.

new text begin [325F.071] FLAME-RETARDANT CHEMICALS; PROHIBITION. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Child" means a person under 12 years of age. new text end

new text begin (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. new text end

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

new text begin Subd. 2. new text end

new text begin Flame-retardant chemicals; prohibition. new text end

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

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

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

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

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

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

new text begin (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. new text end

new text begin Subd. 3. new text end

new text begin Flame-retardant chemicals; replacement chemicals. new text end

new text begin 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: new text end

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

new text begin (2) cause cancer, genetic damage, or reproductive harm; new text end

new text begin (3) disrupt the endocrine or hormone system; or new text end

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

Sec. 2.

new text begin FLAME RETARDANT REPORTS. new text end

new text begin By January 15, 2016, the commissioner of health, in consultation with the state fire marshal, shall report to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over environment and natural resources policy, commerce, health, and public safety regarding: new text end

new text begin (1) the status of federal, international, and other states' laws and regulations in identifying, prioritizing, evaluating, and regulating the use of flame retardants in upholstered furniture, mattresses, and carpet pads; new text end

new text begin (2) the status of relevant fire safety standards and practices for residential settings for products including mattresses, upholstered furniture, and carpet pads; new text end

new text begin (3) the status of and any authoritative findings from studies and reports on a direct link to meaningful negative health and safety effects and impacts on firefighters of flame retardants covered by this section, particularly as it relates to the combustion of flame retardants in articles in actual firefighting settings relative to overall smoke hazards and combustion byproducts; new text end

new text begin (4) in developing the report, the agency may consult with stakeholders, including representatives of state agencies, product manufacturers, chemical manufacturers, firefighters, public health experts, and independent scientists. The report must include information on any stakeholder process consulted with or used in developing the report. new text end

Presented to the governor May 18, 2015

Signed by the governor May 19, 2015, 4:04 p.m.