Bill Text: MN HF1590 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Children's products containing harmful chemicals reporting required, and treatment specified of harmful chemicals that are trade secrets.
Sponsorship: Strong Partisan Bill (Democrat 15-1)
Status: (Introduced - Dead) 2011-05-02 - Author added Slocum [HF1590 Detail]
Download: Minnesota-2011-HF1590-Introduced.html
1.2relating to public health; requiring reporting by manufacturers of children's
1.3products that contain harmful chemicals; specifying treatment of harmful
1.4chemicals that are trade secrets;amending Minnesota Statutes 2010, section
1.513.7411, subdivision 8; proposing coding for new law in Minnesota Statutes,
1.6chapter 116.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 13.7411, subdivision 8, is amended to read:
1.9 Subd. 8. Pollution Control Agency. (a) Hazardous waste generators.
1.10Information provided by hazardous waste generators under section473.151 and for which
1.11confidentiality is claimed is governed by section116.075, subdivision 2 .
1.12(b) Tests. Trade secret information made available by applicants for certain projects
1.13of the Pollution Control Agency is classified under section116.54 .
1.14(c) Priority chemical. Identification of a chemical that is trade secret information as
1.15a priority chemical is classified under section 116.9408.
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.17 Sec. 2. [116.9408] PRIORITY CHEMICAL; PUBLIC DATA.
1.18Notwithstanding section 13.37, subdivision 2, identification of a chemical that is
1.19trade secret information as a priority chemical through designation or publication under
1.20section 116.9403 is classified as public data.
1.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.22 Sec. 3. [116.9409] PRIORITY CHEMICAL; NOT MISAPPROPRIATION.
2.1Notwithstanding section 325C.01, subdivision 3, designation or publication of the
2.2identity of a priority chemical under section 116.9403 is not misappropriation of a trade
2.3secret and is not subject to the remedies provided in chapter 325C or any other law.
2.4EFFECTIVE DATE.This section is effective the day following final enactment.
2.5 Sec. 4. [116.941] REPORTING OF INFORMATION ON PRIORITY
2.6CHEMICALS.
2.7(a) Within 180 days after a priority chemical is designated under section 116.9403,
2.8or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
2.9January 1, 2012, a manufacturer or distributor of a children's product offered for sale in
2.10this state that contains a priority chemical shall, unless the children's product is not subject
2.11to regulation under section 116.9405, provide the following information to the agency on
2.12a form developed by the commissioner:
2.13(1) the name of the priority chemical and its chemical abstracts service registry
2.14number;
2.15(2) in which of the following categories the children's product containing a priority
2.16chemical belongs:
2.17(i) Category 1: a children's product intended to be used by children three years of age
2.18or younger or intended to be placed in a child's mouth or directly applied to a child's skin;
2.19(ii) Category 2: a children's product intended to be in direct contact with a child's
2.20skin for one hour or longer, including, but not limited to, clothing, jewelry, bedding,
2.21or a car seat;
2.22(iii) Category 3: a children's product intended to be in direct contact with a child's
2.23skin for less than one hour; or
2.24(iv) Category 4: a children's product in which a priority chemical is only contained
2.25in an internal component not intended to be in direct contact with a child's skin or mouth;
2.26(3) an estimate of the total amount of the priority chemical contained in each product
2.27and product component, a description of how the estimate was made, and an evaluation of
2.28the estimate's accuracy;
2.29(4) the number of units of the children's product sold or distributed in Minnesota
2.30or nationally;
2.31(5) any assessment of the use of safer alternatives to the priority chemical contained
2.32in the children's product;
2.33(6) any other information the manufacturer deems relevant; and
2.34(7) any information requested by the commissioner.
3.1(b) If the information required in paragraph (a) is not submitted in a timely fashion,
3.2or is incomplete or otherwise unacceptable, as determined by the agency, the agency may
3.3contract with an independent third party of the agency's choice to provide the information
3.4and may assess a fee on the manufacturer or distributor that is equal to the costs billed by
3.5the independent contractor plus the agency's actual costs incurred to bid and administer
3.6the contract. If the priority chemical in question is claimed as a trade secret under section
3.7325C.01, subdivision 5, any contract between the agency and a third party for information
3.8required under this section must stipulate that the trade secret status of the information
3.9be maintained.
3.10(c) Following the initial submission of the information required under paragraph
3.11(a), a manufacturer or distributor of a children's product offered for sale in this state that
3.12continues to contain a priority chemical must submit the information required under
3.13paragraph (a) to the commissioner every two years thereafter.
3.14EFFECTIVE DATE.This section is effective the day following final enactment.
3.15 Sec. 5. REVISOR'S INSTRUCTION.
3.16The revisor of statutes shall change the range reference "sections 116.9401 to
3.17116.9407" to "sections 116.9401 to 116.941" wherever it appears in Minnesota Statutes
3.18and Minnesota Rules.
1.3products that contain harmful chemicals; specifying treatment of harmful
1.4chemicals that are trade secrets;amending Minnesota Statutes 2010, section
1.513.7411, subdivision 8; proposing coding for new law in Minnesota Statutes,
1.6chapter 116.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 13.7411, subdivision 8, is amended to read:
1.9 Subd. 8. Pollution Control Agency. (a) Hazardous waste generators.
1.10Information provided by hazardous waste generators under section
1.11confidentiality is claimed is governed by section
1.12(b) Tests. Trade secret information made available by applicants for certain projects
1.13of the Pollution Control Agency is classified under section
1.14(c) Priority chemical. Identification of a chemical that is trade secret information as
1.15a priority chemical is classified under section 116.9408.
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
1.17 Sec. 2. [116.9408] PRIORITY CHEMICAL; PUBLIC DATA.
1.18Notwithstanding section 13.37, subdivision 2, identification of a chemical that is
1.19trade secret information as a priority chemical through designation or publication under
1.20section 116.9403 is classified as public data.
1.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.22 Sec. 3. [116.9409] PRIORITY CHEMICAL; NOT MISAPPROPRIATION.
2.1Notwithstanding section 325C.01, subdivision 3, designation or publication of the
2.2identity of a priority chemical under section 116.9403 is not misappropriation of a trade
2.3secret and is not subject to the remedies provided in chapter 325C or any other law.
2.4EFFECTIVE DATE.This section is effective the day following final enactment.
2.5 Sec. 4. [116.941] REPORTING OF INFORMATION ON PRIORITY
2.6CHEMICALS.
2.7(a) Within 180 days after a priority chemical is designated under section 116.9403,
2.8or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
2.9January 1, 2012, a manufacturer or distributor of a children's product offered for sale in
2.10this state that contains a priority chemical shall, unless the children's product is not subject
2.11to regulation under section 116.9405, provide the following information to the agency on
2.12a form developed by the commissioner:
2.13(1) the name of the priority chemical and its chemical abstracts service registry
2.14number;
2.15(2) in which of the following categories the children's product containing a priority
2.16chemical belongs:
2.17(i) Category 1: a children's product intended to be used by children three years of age
2.18or younger or intended to be placed in a child's mouth or directly applied to a child's skin;
2.19(ii) Category 2: a children's product intended to be in direct contact with a child's
2.20skin for one hour or longer, including, but not limited to, clothing, jewelry, bedding,
2.21or a car seat;
2.22(iii) Category 3: a children's product intended to be in direct contact with a child's
2.23skin for less than one hour; or
2.24(iv) Category 4: a children's product in which a priority chemical is only contained
2.25in an internal component not intended to be in direct contact with a child's skin or mouth;
2.26(3) an estimate of the total amount of the priority chemical contained in each product
2.27and product component, a description of how the estimate was made, and an evaluation of
2.28the estimate's accuracy;
2.29(4) the number of units of the children's product sold or distributed in Minnesota
2.30or nationally;
2.31(5) any assessment of the use of safer alternatives to the priority chemical contained
2.32in the children's product;
2.33(6) any other information the manufacturer deems relevant; and
2.34(7) any information requested by the commissioner.
3.1(b) If the information required in paragraph (a) is not submitted in a timely fashion,
3.2or is incomplete or otherwise unacceptable, as determined by the agency, the agency may
3.3contract with an independent third party of the agency's choice to provide the information
3.4and may assess a fee on the manufacturer or distributor that is equal to the costs billed by
3.5the independent contractor plus the agency's actual costs incurred to bid and administer
3.6the contract. If the priority chemical in question is claimed as a trade secret under section
3.7325C.01, subdivision 5, any contract between the agency and a third party for information
3.8required under this section must stipulate that the trade secret status of the information
3.9be maintained.
3.10(c) Following the initial submission of the information required under paragraph
3.11(a), a manufacturer or distributor of a children's product offered for sale in this state that
3.12continues to contain a priority chemical must submit the information required under
3.13paragraph (a) to the commissioner every two years thereafter.
3.14EFFECTIVE DATE.This section is effective the day following final enactment.
3.15 Sec. 5. REVISOR'S INSTRUCTION.
3.16The revisor of statutes shall change the range reference "sections 116.9401 to
3.17116.9407" to "sections 116.9401 to 116.941" wherever it appears in Minnesota Statutes
3.18and Minnesota Rules.
