SF 3307

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/23/2022 03:55pm

A bill for an act
relating to environment; prohibiting PFAS in certain home and commercial
furnishings; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Section 1.

[116.943] PFAS IN CARPETS AND TEXTILES.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given:

(1) "carpet or rug" means a fabric marketed or intended for use as a floor covering;

(2) "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;

(3) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom;

(4) "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;

(5) "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, nylon,
and polyester; and

(6) "textile furnishings" means textile goods of a type customarily used in households
and businesses, including but not limited to draperies, floor coverings, furnishings, beddings,
towels, and tablecloths.

Subd. 2.

Prohibition.

(a) A person must not sell, offer to sell, or distribute for sale in
the state any of the following that contains perfluoroalkyl and polyfluoroalkyl substances:

(1) a carpet or rug;

(2) a fabric treatment;

(3) upholstered furniture; or

(4) textile furnishings.

(b) This subdivision does not apply to sale or resale of used products.

Subd. 3.

Enforcement.

(a) The commissioner of the Pollution Control Agency 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.

(b) When requested by the commissioner of the Pollution Control Agency, 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.

EFFECTIVE DATE.

This section is effective January 1, 2024.