Bill Text: MN SF1766 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Children's products priority chemicals information and reporting requirements
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-02-09 - Referred to Environment and Natural Resources [SF1766 Detail]
Download: Minnesota-2011-SF1766-Introduced.html
1.2relating to commerce; requiring reporting of children's products containing
1.3harmful chemicals;amending Minnesota Statutes 2010, section 116.9405;
1.4proposing coding for new law in Minnesota Statutes, chapter 116.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116.9405, is amended to read:
1.7116.9405 APPLICABILITY.
1.8The requirements of sections116.9401 to
116.9407 116.9408
1.9(1) chemicals in used children's products;
1.10(2) priority chemicals used in the manufacturing process, but that are not present
1.11in the final product;
1.12(3) priority chemicals used in agricultural production;
1.13(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
1.1486B or their component parts, except that the use of priority chemicals in detachable
1.15car seats is not exempt;
1.16(5) priority chemicals generated solely as combustion by-products or that are present
1.17in combustible fuels;
1.18(6) retailers;
1.19(7) pharmaceutical products or biologics;
1.20(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
1.21States Code, title 21, section 321(h);
1.22(9) food and food or beverage packaging, except a container containing baby food
1.23or infant formula;
2.1(10) consumer electronics products and electronic components, including but not
2.2limited to personal computers; audio and video equipment; calculators; digital displays;
2.3wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
2.4devices used to access interactive software or their associated peripherals; or products that
2.5comply with the provisions of directive 2002/95/EC of the European Union, adopted by
2.6the European Parliament and Council of the European Union now or hereafter in effect;or
2.7 (11) outdoor sport equipment, including snowmobiles as defined in section84.81 ,
2.8subdivision 3; all-terrain vehicles as defined in section84.92, subdivision 8 ; personal
2.9watercraft as defined in section86B.005, subdivision 14a ; watercraft as defined in section
2.1086B.005, subdivision 18
; and off-highway motorcycles, as defined in section
84.787 ,
2.11subdivision 7, and all attachments and repair parts for all of this equipment; or
2.12(12) a children's product, the annual production of which is less than 3,000 units.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
2.14 Sec. 2. [116.9408] REPORTING INFORMATION ON PRIORITY CHEMICALS.
2.15(a) Within 180 days after a priority chemical is designated under section 116.9403,
2.16or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
2.17January 1, 2013, a manufacturer or distributor of a children's product offered for sale in
2.18the state that contains a priority chemical must, unless the children's product is not subject
2.19to regulation under section 116.9405, provide the following information to the agency on
2.20a form developed by the commissioner:
2.21(1) the name of the priority chemical and its Chemical Abstracts Service Registry
2.22number;
2.23(2) in which of the following categories the children's product containing a priority
2.24chemical belongs:
2.25(i) Category 1: a children's product intended to be used by children three years of age
2.26or younger or intended to be placed in a child's mouth or directly applied to a child's skin;
2.27(ii) Category 2: a children's product intended to be in direct contact with a child's skin
2.28for one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
2.29(iii) Category 3: a children's product intended to be in direct contact with a child's
2.30skin for less than one hour; or
2.31(iv) Category 4: a children's product in which a priority chemical is only contained
2.32in an internal component not intended to be in direct contact with a child's skin or mouth;
2.33(3) an estimate of the total amount of the priority chemical contained in each product
2.34and product component, a description of how the estimate was made, and an evaluation of
2.35the estimate's accuracy;
3.1(4) the number of units of the children's product sold or distributed in Minnesota
3.2or nationally;
3.3(5) any assessment of the use of safer alternatives to the priority chemical contained
3.4in the children's product;
3.5(6) any other information the manufacturer deems relevant; and
3.6(7) any information requested by the commissioner.
3.7(b) If the information required in paragraph (a) is not submitted in a timely fashion
3.8or is incomplete or otherwise unacceptable as determined by the agency, the agency may
3.9contract with an independent third party of the agency's choice to provide the information
3.10and may assess a fee on the manufacturer or distributor that is equal to the costs billed by
3.11the independent contractor plus the agency's actual costs incurred to bid and administer
3.12the contract.
3.13(c) Following the initial submission of the information required under paragraph
3.14(a), a manufacturer or distributor of a children's product offered for sale in the state that
3.15continues to contain a priority chemical must submit the information required under
3.16paragraph (a) to the agency every two years thereafter.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 3. REVISOR'S INSTRUCTION.
3.19The revisor of statutes shall change the range reference "sections 116.9401 to
3.20116.9407" to "sections 116.9401 to 116.9408" wherever it appears in Minnesota Statutes
3.21and Minnesota Rules.
1.3harmful chemicals;amending Minnesota Statutes 2010, section 116.9405;
1.4proposing coding for new law in Minnesota Statutes, chapter 116.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116.9405, is amended to read:
1.7116.9405 APPLICABILITY.
1.8The requirements of sections
1.9(1) chemicals in used children's products;
1.10(2) priority chemicals used in the manufacturing process, but that are not present
1.11in the final product;
1.12(3) priority chemicals used in agricultural production;
1.13(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
1.1486B or their component parts, except that the use of priority chemicals in detachable
1.15car seats is not exempt;
1.16(5) priority chemicals generated solely as combustion by-products or that are present
1.17in combustible fuels;
1.18(6) retailers;
1.19(7) pharmaceutical products or biologics;
1.20(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
1.21States Code, title 21, section 321(h);
1.22(9) food and food or beverage packaging, except a container containing baby food
1.23or infant formula;
2.1(10) consumer electronics products and electronic components, including but not
2.2limited to personal computers; audio and video equipment; calculators; digital displays;
2.3wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
2.4devices used to access interactive software or their associated peripherals; or products that
2.5comply with the provisions of directive 2002/95/EC of the European Union, adopted by
2.6the European Parliament and Council of the European Union now or hereafter in effect;
2.7 (11) outdoor sport equipment, including snowmobiles as defined in section
2.8subdivision 3; all-terrain vehicles as defined in section
2.9watercraft as defined in section
2.11subdivision 7, and all attachments and repair parts for all of this equipment; or
2.12(12) a children's product, the annual production of which is less than 3,000 units.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
2.14 Sec. 2. [116.9408] REPORTING INFORMATION ON PRIORITY CHEMICALS.
2.15(a) Within 180 days after a priority chemical is designated under section 116.9403,
2.16or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
2.17January 1, 2013, a manufacturer or distributor of a children's product offered for sale in
2.18the state that contains a priority chemical must, unless the children's product is not subject
2.19to regulation under section 116.9405, provide the following information to the agency on
2.20a form developed by the commissioner:
2.21(1) the name of the priority chemical and its Chemical Abstracts Service Registry
2.22number;
2.23(2) in which of the following categories the children's product containing a priority
2.24chemical belongs:
2.25(i) Category 1: a children's product intended to be used by children three years of age
2.26or younger or intended to be placed in a child's mouth or directly applied to a child's skin;
2.27(ii) Category 2: a children's product intended to be in direct contact with a child's skin
2.28for one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
2.29(iii) Category 3: a children's product intended to be in direct contact with a child's
2.30skin for less than one hour; or
2.31(iv) Category 4: a children's product in which a priority chemical is only contained
2.32in an internal component not intended to be in direct contact with a child's skin or mouth;
2.33(3) an estimate of the total amount of the priority chemical contained in each product
2.34and product component, a description of how the estimate was made, and an evaluation of
2.35the estimate's accuracy;
3.1(4) the number of units of the children's product sold or distributed in Minnesota
3.2or nationally;
3.3(5) any assessment of the use of safer alternatives to the priority chemical contained
3.4in the children's product;
3.5(6) any other information the manufacturer deems relevant; and
3.6(7) any information requested by the commissioner.
3.7(b) If the information required in paragraph (a) is not submitted in a timely fashion
3.8or is incomplete or otherwise unacceptable as determined by the agency, the agency may
3.9contract with an independent third party of the agency's choice to provide the information
3.10and may assess a fee on the manufacturer or distributor that is equal to the costs billed by
3.11the independent contractor plus the agency's actual costs incurred to bid and administer
3.12the contract.
3.13(c) Following the initial submission of the information required under paragraph
3.14(a), a manufacturer or distributor of a children's product offered for sale in the state that
3.15continues to contain a priority chemical must submit the information required under
3.16paragraph (a) to the agency every two years thereafter.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 3. REVISOR'S INSTRUCTION.
3.19The revisor of statutes shall change the range reference "sections 116.9401 to
3.20116.9407" to "sections 116.9401 to 116.9408" wherever it appears in Minnesota Statutes
3.21and Minnesota Rules.
