1.1                          A bill for an act 
  1.2             relating to health; banning certain substances after a 
  1.3             certain date; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 325E. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325E.385] [REGULATION OF CERTAIN BDE 
  1.7   PRODUCTS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.9   section, the following terms have the meanings given them. 
  1.10     Subd. 2.  [OCTABDE.] "OctaBDE" means octabromodiphenyl 
  1.11  ether. 
  1.12     Subd. 3.  [PBDE.] "PBDE" means polybrominated diphenyl 
  1.13  ether. 
  1.14     Subd. 4.  [PENTABDE.] "PentaBDE" means pentabromodiphenyl 
  1.15  ether. 
  1.16     Subd. 5.  [DECABDE.] "DecaBDE" means decabromodiphenyl 
  1.17  ether. 
  1.18     Subd. 6.  [FINDINGS.] The legislature finds that: 
  1.19     (a) Chemicals known as brominated flame retardants (BFR's) 
  1.20  are widely used in the United States.  To meet stringent fire 
  1.21  standards, manufacturers add BFR's to a multitude of products, 
  1.22  including plastic housing of electronics and computers, circuit 
  1.23  boards, and the foam and textiles used in furniture. 
  1.24     (b) Polybrominated diphenyl ether (PBDE), which is a 
  1.25  subcategory of BFR's, has increased fortyfold in human breast 
  2.1   milk since the 1970's. 
  2.2      (c) PBDE has the potential to disrupt thyroid hormone 
  2.3   balance and contribute to a variety of developmental deficits, 
  2.4   including low intelligence and learning disabilities.  PBDE may 
  2.5   also have the potential to cause cancer. 
  2.6      (d) Substantial efforts to eliminate BFR's from products 
  2.7   have been made throughout the world, including private and 
  2.8   public sectors.  These efforts have made available numerous 
  2.9   alternatives safe to human health while meeting stringent fire 
  2.10  standards.  To meet market demand, it is in the interest of 
  2.11  Minnesota manufacturers to eliminate the use of BFR's. 
  2.12     (e) In order to protect the public health and the 
  2.13  environment, the legislature believes it is necessary for the 
  2.14  state to develop a precautionary approach regarding the 
  2.15  production, use, storage, and disposal of products containing 
  2.16  brominated fire retardants. 
  2.17     Subd. 7.  [REGULATION OF BDE, EFFECTIVE JANUARY 1, 2006.] 
  2.18  Effective January 1, 2006, a person may not manufacture, 
  2.19  process, or distribute in commerce a product, or a 
  2.20  flame-retarded part of a product, containing more than one-tenth 
  2.21  of one percent of pentaBDE or octaBDE by mass.  Effective 
  2.22  January 1, 2008, a person may not manufacture, process, or 
  2.23  distribute in commerce a product, or a flame-retarded part of a 
  2.24  product, containing more than one-tenth of one percent of 
  2.25  decaBDE by mass.  The term "process," as used in this 
  2.26  subdivision, does not include the processing of metallic 
  2.27  recyclables containing pentaBDE or octaBDE that is conducted in 
  2.28  compliance with all applicable federal, state, and local laws. 
  2.29     Subd. 8.  [ENFORCEMENT.] The attorney general shall enforce 
  2.30  this section under the provisions of section 8.31.