MINNESOTA H.F. 3158 – Chemical Bans/Restrictions

Sponsor: Representative Jean Wagenius (DFL)

Summary: States that a manufacturer or distributor of a children’s product offered for sale in the State which contains a priority chemical must provide the name of the priority chemical and its Chemical Abstracts Service Registry number, which “tier” the children’s product belongs, a description of the product component in which the priority chemical is present as well as the contact information for the manufacturer or distributor.

States if a product contains one or more priority chemicals the manufacturer or distributor must disclose the concentration and total amount of each priority chemical contained in the product, a description of how the concentration levels were determined and an evaluation of the accuracy of the determination. Requires a description of the function of the priority chemical in the product including whether it is a contaminant or an intentionally added chemical, as defined by this section. States that the manufacturer or distributor must disclose evidence describing the extent to which a child is likely to be exposed to the priority chemical through normal use of the children’s product, the number of units of the children’s product sold or distributed in Minnesota or nationally, any other information the manufacturer or distributor deems relevant and any other information requested by the commissioner.

Requires reporting for all intentionally added chemicals at or above the applicable practical quantification limit and contaminants present in a product component at a concentration above 100 ppm.

Requires a manufacturer or distributor of a children’s product offered for sale in the state that continues to contain a priority chemical must submit the information required to the agency every two years but if the reporting party determines that there has been no change in the information since the most recent filing the reporting party may submit a written statement indicating that the previously filed data is still valid in lieu of a new duplicate complete report and must submit the required fees.

Establishes a fee of 1,000 dollars per priority chemical per product which doubles every two years. Grants rulemaking authority to the Pollution Control Agency to implement, administer and enforce above provisions. States by November 15, 2015, and every three years thereafter, the commissioners of the Pollution Control Agency, Health and Commerce shall report to the legislative committees with jurisdiction over environment and natural resources, commerce, and public health on the implementation of this measure.

Creates reporting disclosure deadlines based upon the manufacturer’s or distributor’s annual aggregate gross sales.

Defined “Tier 1″ as a mouthable children’s product intended to be used by children three years of age or younger or a children’s product intended to be placed in a child’s mouth or directly applied to a child’s skin.

Defined “Tier 2″ as 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.

Defined “Tier 3″ as a children’s product intended to be in direct contact with a child’s skin for less than one hour.

Defined “Tier 4″ as a children’s product in which a priority chemical is contained only in an internal component that, under normal use, is unlikely to come into direct contact with a child’s skin or mouth.

Environmental Exposure: States the Pollution Control Agency shall study the impact polyethylene and other plastic microbeads in the state’s surface waters, and examine the impact on aquatic ecosystems and human health. Requires the agency Commissioner to report the agency’s findings to the legislative committee with jurisdiction over environment and natural resource policy and finance.

Click Here for Full Text of Current Version (3/27/2014)

Provision Outlook: Lawmakers are hoping a relatively small amount of money goes a long way in learning how non-biodegradable plastic beads used in cosmetic products pose a threat to the health of the state‚Äôs surface water. The agency would receive $1,000 to study the existing literature on the damage that tiny micro beads cause to ecosystems and human health. A Pollution Control Agency official testified the tiny micro beads are getting through sewer systems and eventually threaten the food chain. The PCA would need to present its findings to the relevant legislative committees by December 15 2014. Several other states across the country have implemented similar study’s including Illinois and Michigan in the Great Lakes region.

Status: Introduction and first reading, referred to Environment, Natural Resources and Agriculture Finance 3/17/2014. Passed Committee; referred to Ways and Means 3/27/2014. Re-referred to Environment, Natural Resources and Agriculture Finance Bill; adopted as Omnibus Budget Bill 3/27/2014. Hearing held; passed 3/27/2014. Failed upon adjournment 5/16/2014.

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