Bill Text: MN SF2192 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Lead and mercury products prohibition and regulation; formaldehyde in children's products prohibition modification; cleaning products with triclosan prohibition
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-05-16 - Secretary of State, Filed [SF2192 Detail]
Download: Minnesota-2013-SF2192-Engrossed.html
1.2relating to environment; prohibiting and regulating certain lead and mercury
1.3products; modifying ban on formaldehyde in children's products; prohibiting
1.4certain cleaning products containing triclosan;amending Minnesota Statutes
1.52012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, 8j, by
1.6adding a subdivision; Minnesota Statutes 2013 Supplement, sections 325F.176;
1.7325F.177; proposing coding for new law in Minnesota Statutes, chapters 116; 145.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.10read:
1.11 Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.12place mercury or athermostat, thermometer, electric switch, appliance, gauge, medical
1.13or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or
1.14other electrical mercury-containing device or product, as defined under section 116.92,
1.15subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.16(1) in solid waste; or
1.17(2) in a wastewater disposal system.
1.18(b) A person may not knowingly place mercury or athermostat, thermometer,
1.19electric switch, appliance, gauge, medical or scientific instrument, fluorescent or
1.20high-intensity discharge lamp, electric relay, or other electrical mercury-containing device
1.21 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.22not been removed for reuse or recycling:
1.23(1) in a solid waste processing facility; or
1.24(2) in a solid waste disposal facility.
2.1(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
2.2of the lamp to a lamp recycling facility, as defined in section116.93, subdivision 1 , or
2.3to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.4recycling facility, including, but not limited to, a household hazardous waste collection
2.5or recycling facility, retailer take-back and utility provider program sites, or other sites
2.6designated by an electric utility under section216B.241, subdivisions 2 and 4.
2.7 Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.8 Subd. 4. Removal from service; products containing mercury. (a) When an item
2.9listed insubdivision 3 this section is removed from service, the mercury in the item must
2.10be reused, recycled, or otherwise managed to ensure compliance with section115A.932 .
2.11(b) A person who is in the business of replacing or repairing an item listed in
2.12subdivision 3 this section in households shall ensure, or deliver the item to a facility that
2.13will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.14recycled or otherwise managed in compliance with section115A.932 .
2.15(c) A person may not crush a motor vehicle unless the person has first made a good
2.16faith effort to remove all of the mercury switches in the motor vehicle.
2.17(d) An item managed according to the requirements of this section must be
2.18transported in a container designed to prevent the escape of mercury into the environment
2.19by volatilization or any other means.
2.20 Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.21 Subd. 5. Thermostats. (a) The definitions in this paragraph apply to this subdivision:
2.22(1) "contractor" means a person engaged in the business of installing, servicing, or
2.23removing thermostats and other heating, ventilation, and air conditioning components,
2.24including a contractor removing thermostats in conjunction with renovation and
2.25demolition activities in accordance with Minnesota Rules, part 7035.0805;
2.26(2) "qualified contractor" means a contractor:
2.27(i) who employs seven or more service technicians or installers;
2.28(ii) who is located in an area outside of an urban area, as defined by the United
2.29States Census Bureau; or
2.30(iii) whose primary business consists of renovation and demolition activities;
2.31(3) "retailer" means a person who sells thermostats of any kind directly to
2.32homeowners or other end-users through any selling or distribution mechanism;
3.1(4) "thermostat" means a temperature control device that may contain elemental
3.2mercury in a sealed component that serves as a switch or temperature-sensing element and
3.3a sealed component that has been removed from a temperature control device; and
3.4(5) "wholesaler" means a person engaged in the distribution and wholesale sale of
3.5thermostats and other heating, ventilation, and air conditioning components to contractors
3.6who install heating, ventilation, and air conditioning components.
3.7(b) A manufacturer of thermostats that contain mercury or that may replace
3.8thermostats that contain mercury is responsible for the costs of collecting and managing
3.9the replaced mercury-containing thermostats to ensure that the thermostats do not become
3.10part of the solid waste stream.
3.11(c) A manufacturer of thermostats that contain mercury or that may replace
3.12thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
3.13provide incentives for and sufficient information to purchasers and consumers of the
3.14thermostats for the purchasers or consumers to ensure that mercury in thermostats being
3.15removed from service is reused or recycled or otherwise managed in compliance with
3.16section115A.932 . A manufacturer that has complied with this subdivision is not liable for
3.17improper disposal by purchasers or consumers of thermostats.
3.18(d) A manufacturer of thermostats subject to this subdivision, or an organization
3.19of manufacturers of thermostats and its officers, members, employees, and agents, may
3.20participate in projects or programs to collect and properly manage waste thermostats. Any
3.21person who participates in a project or program is immune from liability under state law
3.22relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
3.23or commerce for activities related to the collection and management of the thermostats
3.24under this subdivision.
3.25(e) A manufacturer of thermostats or organization of manufacturers of thermostats
3.26that participates in a thermostat collection and management program under this subdivision
3.27must report at least annually to the agency. The report must include:
3.28(1) a description of how the program operates;
3.29(2) a description of program components, including incentives provided under this
3.30subdivision, and an evaluation of the program components' effectiveness in promoting
3.31participation and recovery of thermostats;
3.32(3) eligibility criteria for program participants;
3.33(4) a list of program participants; and
3.34(5) the number of thermostats remitted by each program participant during the
3.35reporting period.
4.1(f) A wholesaler, qualified contractor, or retailer may participate as a collection site
4.2in a manufacturer's mercury thermostat collection and management program required
4.3under this subdivision. A wholesaler or retailer that participates as a collection site
4.4in a manufacturer's mercury thermostat collection and management program shall post
4.5prominent signs at the wholesaler's or retailer's business location regarding the collection
4.6and management of mercury thermostats.
4.7 Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
4.8 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
4.9retailer may not sell or distribute at no cost a thermometer containing mercury that was
4.10manufactured after June 1, 2001.
4.11(b) Paragraph (a) does not apply to:
4.12(1) an electronic thermometer with a battery containing mercury if the battery is in
4.13compliance with section325E.125 ;.
4.14(2) a mercury thermometer used for food research and development or food
4.15processing, including meat, dairy products, and pet food processing;
4.16(3) a mercury thermometer that is a component of an animal agriculture climate
4.17control system or industrial measurement system until such time as the system is replaced
4.18or a nonmercury component for the system is available; or
4.19(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
4.20equipment, unless a nonmercury calibration standard is approved for the application by
4.21the National Institute of Standards and Technology.
4.22(c) A manufacturer is in compliance with this subdivision if the manufacturer:
4.23(1) has received an exclusion or exemption from a state that is a member of the
4.24Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
4.25parts when no alternative is available or for an application when no feasible alternative is
4.26available;
4.27(2) submits a copy of the approved exclusion or exemption to the commissioner; and
4.28(3) meets all of the requirements in the approved exclusion or exemption for the
4.29manufacturer's activities within the state.
4.30 Sec. 5. Minnesota Statutes 2012, section 116.92, subdivision 8j, is amended to read:
4.31 Subd. 8j. Exclusion for existing equipment. The prohibitions in subdivisions 6
4.32and 8b to 8g do not apply if a thermometer, switch, relay, or measuring device is used
4.33to replace a thermometer, switch, relay, or measuring device that is a component ofa
4.34larger product in use prior to January 1, 2008, provided the owner of that equipment has
5.1made every reasonable effort to determine that no compatible nonmercury replacement
5.2component exists an industrial measurement system or control system until the system is
5.3replaced or a nonmercury component for the system is available. The owner of the system
5.4shall notify the commissioner within 30 days of replacing the component and identify the
5.5replacement mercury component that was installed.
5.6 Sec. 6. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
5.7read:
5.8 Subd. 8k. Ban; mercury in balancing and dampening products and
5.9equipment. A person may not sell, offer for sale, distribute, install, or use in the state a
5.10mercury-containing product or mercury-containing equipment that is used for balancing,
5.11dampening, or providing a weight or counterweight function.
5.12EFFECTIVE DATE.This section is effective January 1, 2015.
5.13 Sec. 7. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
5.14AND MERCURY PROHIBITION.
5.15 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
5.16have the meanings given.
5.17(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
5.18by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
5.19ground, in the water, or in the air.
5.20(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
5.21a person except a distributor, wholesaler, or motor vehicle dealer for resale.
5.22 Subd. 2. Tire service. When replacing or balancing a tire on a motor vehicle or
5.23aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
5.24or aircraft wheels if the weight or other balancing product contains lead or mercury that
5.25was intentionally added during the manufacture of the product.
5.26 Subd. 3. Sales ban. A person may not sell or offer to sell or distribute weights
5.27or other products for balancing motor vehicle or aircraft wheels if the weight or other
5.28balancing product contains lead or mercury that was intentionally added during the
5.29manufacture of the product.
5.30 Subd. 4. New motor vehicles. A person may not sell a new motor vehicle or
5.31aircraft that is equipped with a weight or other product for balancing wheels if the weight
5.32or other balancing product contains lead or mercury that was intentionally added during
5.33the manufacture of the product.
6.1 Subd. 5. Salvage. A person may not shred or crush, or market for shredding or
6.2crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
6.3or any portion thereof, without:
6.4(1) inspecting the vehicle or equipment; and
6.5(2) removing all weights or other products for balancing wheels or other equipment
6.6if the weights or balancing products contain lead or mercury that was intentionally added
6.7during the manufacture of the weights or balancing products.
6.8 Subd. 6. Management of wheel weights and balancing products. Mercury in
6.9wheel weights and other balancing products for motor vehicle and aircraft wheels must
6.10be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
6.11ensure that it does not become part of the solid waste stream and is not released to the
6.12environment. Lead in wheel weights and other balancing products for motor vehicle and
6.13aircraft wheels must be recycled to ensure that it does not become part of the solid waste
6.14stream and is not released to the environment.
6.15 Subd. 7. Educational materials; outreach. Prior to the effective date of this
6.16section, the agency shall produce and distribute educational materials on the prohibitions
6.17required under this section to businesses subject to the prohibitions and shall conduct
6.18additional outreach and education activities to those businesses.
6.19EFFECTIVE DATE.This section is effective January 1, 2016.
6.20 Sec. 8. [145.945] CERTAIN SALES OF CLEANING PRODUCTS PROHIBITED.
6.21 Subdivision 1. Prohibition. In order to prevent the spread of infectious disease and
6.22avoidable infections and to promote best practices in sanitation, no person shall offer
6.23for retail sale in Minnesota any cleaning product that contains triclosan and is used by
6.24consumers for sanitizing or hand and body cleansing.
6.25 Subd. 2. Exception. The prohibition in subdivision 1 shall not apply to individual
6.26products for which specific United States Food and Drug Administration approval for
6.27consumer use has been secured.
6.28EFFECTIVE DATE.This section is effective January 1, 2017.
6.29 Sec. 9. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:
6.30325F.176 DEFINITIONS.
6.31(a) For the purposes of sections325F.176 to
325F.178 , the following terms have
6.32the meanings given them.
6.33(b) "Child" means a person under eight years of age.
7.1(c) "Children's product" means a product primarily designed or intended by a
7.2manufacturer to be physically applied to or introduced into a child's body, including any
7.3article used as a component of such a product and excluding a food, beverage, dietary
7.4supplement, pharmaceutical product or biologic, children's toys that are covered by the
7.5ASTM International F963 standard for Toy Safety, or a medical device as defined in
7.6the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
7.7as amended through February 15, 2013.
7.8(d) "Intentionally added chemical" means a chemical in a product that serves an
7.9intended function in the product.
7.10 Sec. 10. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:
7.11325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
7.12(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
7.13sale in this state a children's product that intentionally contains:
7.14(1) formaldehyde, including formaldehyde contained in a solution; or
7.15(2) intentionally added chemical ingredients that chemically degrade under normal
7.16conditions of temperature and pressure to release free formaldehyde at levels exceeding a
7.17de minimis level of 0.05 percent.
7.18(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
7.19children's product that intentionally contains:
7.20(1) formaldehyde, including formaldehyde contained in a solution; or
7.21(2) intentionally added chemical ingredients that chemically degrade under normal
7.22conditions of temperature and pressure to release free formaldehyde at levels exceeding a
7.23de minimis level of 0.05 percent.
1.3products; modifying ban on formaldehyde in children's products; prohibiting
1.4certain cleaning products containing triclosan;amending Minnesota Statutes
1.52012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, 8j, by
1.6adding a subdivision; Minnesota Statutes 2013 Supplement, sections 325F.176;
1.7325F.177; proposing coding for new law in Minnesota Statutes, chapters 116; 145.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.10read:
1.11 Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.12place mercury or a
1.13
1.14
1.15subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.16(1) in solid waste; or
1.17(2) in a wastewater disposal system.
1.18(b) A person may not knowingly place mercury or a
1.19
1.20
1.21 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.22not been removed for reuse or recycling:
1.23(1) in a solid waste processing facility; or
1.24(2) in a solid waste disposal facility.
2.1(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
2.2of the lamp to a lamp recycling facility, as defined in section
2.3to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.4recycling facility, including, but not limited to, a household hazardous waste collection
2.5or recycling facility, retailer take-back and utility provider program sites, or other sites
2.6designated by an electric utility under section
2.7 Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.8 Subd. 4. Removal from service; products containing mercury. (a) When an item
2.9listed in
2.10be reused, recycled, or otherwise managed to ensure compliance with section
2.11(b) A person who is in the business of replacing or repairing an item listed in
2.12
2.13will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.14recycled or otherwise managed in compliance with section
2.15(c) A person may not crush a motor vehicle unless the person has first made a good
2.16faith effort to remove all of the mercury switches in the motor vehicle.
2.17(d) An item managed according to the requirements of this section must be
2.18transported in a container designed to prevent the escape of mercury into the environment
2.19by volatilization or any other means.
2.20 Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.21 Subd. 5. Thermostats. (a) The definitions in this paragraph apply to this subdivision:
2.22(1) "contractor" means a person engaged in the business of installing, servicing, or
2.23removing thermostats and other heating, ventilation, and air conditioning components,
2.24including a contractor removing thermostats in conjunction with renovation and
2.25demolition activities in accordance with Minnesota Rules, part 7035.0805;
2.26(2) "qualified contractor" means a contractor:
2.27(i) who employs seven or more service technicians or installers;
2.28(ii) who is located in an area outside of an urban area, as defined by the United
2.29States Census Bureau; or
2.30(iii) whose primary business consists of renovation and demolition activities;
2.31(3) "retailer" means a person who sells thermostats of any kind directly to
2.32homeowners or other end-users through any selling or distribution mechanism;
3.1(4) "thermostat" means a temperature control device that may contain elemental
3.2mercury in a sealed component that serves as a switch or temperature-sensing element and
3.3a sealed component that has been removed from a temperature control device; and
3.4(5) "wholesaler" means a person engaged in the distribution and wholesale sale of
3.5thermostats and other heating, ventilation, and air conditioning components to contractors
3.6who install heating, ventilation, and air conditioning components.
3.7(b) A manufacturer of thermostats that contain mercury or that may replace
3.8thermostats that contain mercury is responsible for the costs of collecting and managing
3.9the replaced mercury-containing thermostats to ensure that the thermostats do not become
3.10part of the solid waste stream.
3.11(c) A manufacturer of thermostats that contain mercury or that may replace
3.12thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
3.13provide incentives for and sufficient information to purchasers and consumers of the
3.14thermostats for the purchasers or consumers to ensure that mercury in thermostats being
3.15removed from service is reused or recycled or otherwise managed in compliance with
3.16section
3.17improper disposal by purchasers or consumers of thermostats.
3.18(d) A manufacturer of thermostats subject to this subdivision, or an organization
3.19of manufacturers of thermostats and its officers, members, employees, and agents, may
3.20participate in projects or programs to collect and properly manage waste thermostats. Any
3.21person who participates in a project or program is immune from liability under state law
3.22relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
3.23or commerce for activities related to the collection and management of the thermostats
3.24under this subdivision.
3.25(e) A manufacturer of thermostats or organization of manufacturers of thermostats
3.26that participates in a thermostat collection and management program under this subdivision
3.27must report at least annually to the agency. The report must include:
3.28(1) a description of how the program operates;
3.29(2) a description of program components, including incentives provided under this
3.30subdivision, and an evaluation of the program components' effectiveness in promoting
3.31participation and recovery of thermostats;
3.32(3) eligibility criteria for program participants;
3.33(4) a list of program participants; and
3.34(5) the number of thermostats remitted by each program participant during the
3.35reporting period.
4.1(f) A wholesaler, qualified contractor, or retailer may participate as a collection site
4.2in a manufacturer's mercury thermostat collection and management program required
4.3under this subdivision. A wholesaler or retailer that participates as a collection site
4.4in a manufacturer's mercury thermostat collection and management program shall post
4.5prominent signs at the wholesaler's or retailer's business location regarding the collection
4.6and management of mercury thermostats.
4.7 Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
4.8 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
4.9retailer may not sell or distribute at no cost a thermometer containing mercury that was
4.10manufactured after June 1, 2001.
4.11(b) Paragraph (a) does not apply to
4.12
4.13compliance with section
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22(c) A manufacturer is in compliance with this subdivision if the manufacturer:
4.23(1) has received an exclusion or exemption from a state that is a member of the
4.24Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
4.25parts when no alternative is available or for an application when no feasible alternative is
4.26available;
4.27(2) submits a copy of the approved exclusion or exemption to the commissioner; and
4.28(3) meets all of the requirements in the approved exclusion or exemption for the
4.29manufacturer's activities within the state.
4.30 Sec. 5. Minnesota Statutes 2012, section 116.92, subdivision 8j, is amended to read:
4.31 Subd. 8j. Exclusion for existing equipment. The prohibitions in subdivisions 6
4.32and 8b to 8g do not apply if a thermometer, switch, relay, or measuring device is used
4.33to replace a thermometer, switch, relay, or measuring device that is a component of
4.34
5.1
5.2
5.3replaced or a nonmercury component for the system is available. The owner of the system
5.4shall notify the commissioner within 30 days of replacing the component and identify the
5.5replacement mercury component that was installed.
5.6 Sec. 6. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
5.7read:
5.8 Subd. 8k. Ban; mercury in balancing and dampening products and
5.9equipment. A person may not sell, offer for sale, distribute, install, or use in the state a
5.10mercury-containing product or mercury-containing equipment that is used for balancing,
5.11dampening, or providing a weight or counterweight function.
5.12EFFECTIVE DATE.This section is effective January 1, 2015.
5.13 Sec. 7. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
5.14AND MERCURY PROHIBITION.
5.15 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
5.16have the meanings given.
5.17(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
5.18by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
5.19ground, in the water, or in the air.
5.20(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
5.21a person except a distributor, wholesaler, or motor vehicle dealer for resale.
5.22 Subd. 2. Tire service. When replacing or balancing a tire on a motor vehicle or
5.23aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
5.24or aircraft wheels if the weight or other balancing product contains lead or mercury that
5.25was intentionally added during the manufacture of the product.
5.26 Subd. 3. Sales ban. A person may not sell or offer to sell or distribute weights
5.27or other products for balancing motor vehicle or aircraft wheels if the weight or other
5.28balancing product contains lead or mercury that was intentionally added during the
5.29manufacture of the product.
5.30 Subd. 4. New motor vehicles. A person may not sell a new motor vehicle or
5.31aircraft that is equipped with a weight or other product for balancing wheels if the weight
5.32or other balancing product contains lead or mercury that was intentionally added during
5.33the manufacture of the product.
6.1 Subd. 5. Salvage. A person may not shred or crush, or market for shredding or
6.2crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
6.3or any portion thereof, without:
6.4(1) inspecting the vehicle or equipment; and
6.5(2) removing all weights or other products for balancing wheels or other equipment
6.6if the weights or balancing products contain lead or mercury that was intentionally added
6.7during the manufacture of the weights or balancing products.
6.8 Subd. 6. Management of wheel weights and balancing products. Mercury in
6.9wheel weights and other balancing products for motor vehicle and aircraft wheels must
6.10be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
6.11ensure that it does not become part of the solid waste stream and is not released to the
6.12environment. Lead in wheel weights and other balancing products for motor vehicle and
6.13aircraft wheels must be recycled to ensure that it does not become part of the solid waste
6.14stream and is not released to the environment.
6.15 Subd. 7. Educational materials; outreach. Prior to the effective date of this
6.16section, the agency shall produce and distribute educational materials on the prohibitions
6.17required under this section to businesses subject to the prohibitions and shall conduct
6.18additional outreach and education activities to those businesses.
6.19EFFECTIVE DATE.This section is effective January 1, 2016.
6.20 Sec. 8. [145.945] CERTAIN SALES OF CLEANING PRODUCTS PROHIBITED.
6.21 Subdivision 1. Prohibition. In order to prevent the spread of infectious disease and
6.22avoidable infections and to promote best practices in sanitation, no person shall offer
6.23for retail sale in Minnesota any cleaning product that contains triclosan and is used by
6.24consumers for sanitizing or hand and body cleansing.
6.25 Subd. 2. Exception. The prohibition in subdivision 1 shall not apply to individual
6.26products for which specific United States Food and Drug Administration approval for
6.27consumer use has been secured.
6.28EFFECTIVE DATE.This section is effective January 1, 2017.
6.29 Sec. 9. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:
6.30325F.176 DEFINITIONS.
6.31(a) For the purposes of sections
6.32the meanings given them.
6.33(b) "Child" means a person under eight years of age.
7.1(c) "Children's product" means a product primarily designed or intended by a
7.2manufacturer to be physically applied to or introduced into a child's body, including any
7.3article used as a component of such a product and excluding a food, beverage, dietary
7.4supplement, pharmaceutical product or biologic, children's toys that are covered by the
7.5ASTM International F963 standard for Toy Safety, or a medical device as defined in
7.6the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
7.7as amended through February 15, 2013.
7.8(d) "Intentionally added chemical" means a chemical in a product that serves an
7.9intended function in the product.
7.10 Sec. 10. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:
7.11325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
7.12(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
7.13sale in this state a children's product that intentionally contains:
7.14(1) formaldehyde, including formaldehyde contained in a solution; or
7.15(2) intentionally added chemical ingredients that chemically degrade under normal
7.16conditions of temperature and pressure to release free formaldehyde at levels exceeding a
7.17de minimis level of 0.05 percent.
7.18(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
7.19children's product that intentionally contains:
7.20(1) formaldehyde, including formaldehyde contained in a solution; or
7.21(2) intentionally added chemical ingredients that chemically degrade under normal
7.22conditions of temperature and pressure to release free formaldehyde at levels exceeding a
7.23de minimis level of 0.05 percent.
