Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2983 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to consumer safety; modifying requirements for products containing lead
3	3	1.3 or cadmium; prohibiting sale of menstrual products containing arsenic or chemicals
4	4	1.4 of high concern; requiring certain labeling and testing for menstrual products;
5	5	1.5 requiring rulemaking; amending Minnesota Statutes 2024, section 325E.3892,
6	6	1.6 subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter
7	7	1.7 325E.
8	8	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9	1.9 Section 1. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
10	10	1.10 Subdivision 1.Definitions.For purposes of this section, "covered product" means any
11	11	1.11of the following products or product components:
12	12	1.12 (1) jewelry;
13	13	1.13 (2) toys;
14	14	1.14 (3) cosmetics and personal care products;
15	15	1.15 (4) puzzles, board games, card games, and similar games;
16	16	1.16 (5) play sets and play structures;
17	17	1.17 (6) outdoor games;
18	18	1.18 (7) school supplies;
19	19	1.19 (8) pots and pans;
20	20	1.20 (9) cups, bowls, and other food containers;
21	21	1.21 (10) craft supplies and jewelry-making supplies;
22	22	1Section 1.
23	23	REVISOR CKM/MI 25-0003512/17/24
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 2983
29	29	NINETY-FOURTH SESSION
30	30	Authored by Pursell and Myers04/01/2025
31	31	The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 (11) chalk, crayons, paints, and other art supplies;
32	32	2.2 (12) fidget spinners;
33	33	2.3 (13) costumes, costume accessories, and children's and seasonal party supplies;
34	34	2.4 (14) keys, key chains, and key rings; and
35	35	2.5 (15) clothing, footwear, headwear, and accessories; and
36	36	2.6 (16) menstrual products.
37	37	2.7 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read:
38	38	2.8 Subd. 2.Prohibition; additional product categories.(a) A person must not import,
39	39	2.9manufacture, sell, hold for sale, or distribute or offer for use in this state any covered product
40	40	2.10containing:
41	41	2.11 (1) lead at more than 0.009 percent by total weight (90 parts per million); or
42	42	2.12 (2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
43	43	2.13 (b) This section does not apply to covered products containing lead or cadmium, or both,
44	44	2.14when regulation is preempted by federal law.
45	45	2.15 (c) The commissioner of the Pollution Control Agency may by rule identify additional
46	46	2.16products by category or use that may not be sold, offered for sale, or distributed for sale in
47	47	2.17this state if they contain lead and may designate effective dates. A prohibition adopted under
48	48	2.18this paragraph must be effective no earlier than January 1, 2027, and no later than January
49	49	2.191, 2032. The commissioner must prioritize prohibiting sale of product categories that, in
50	50	2.20the commissioner's judgment, are most likely to contaminate or harm the state's environment
51	51	2.21and natural resources if they contain lead. The 18-month time limit under section 14.125
52	52	2.22does not apply to rulemaking authority under this paragraph.
53	53	2.23 Sec. 3. [325E.3893] ARSENIC AND CHEMICALS OF HIGH CONCERN IN
54	54	2.24CONSUMER PRODUCTS; MENSTRUAL PRODUCTS.
55	55	2.25 Subdivision 1.Prohibition; additional product categories.(a) A person must not
56	56	2.26import, manufacture, sell, hold for sale, or distribute or offer for use in this state any
57	57	2.27menstrual products containing:
58	58	2.28 (1) arsenic; or
59	59	2.29 (2) chemicals of high concern as defined in section 116.9401.
60	60	2Sec. 3.
61	61	REVISOR CKM/MI 25-0003512/17/24 3.1 (b) A manufacturer must notify any person who sells or offers for sale a menstrual
62	62	3.2product prohibited under this section or section 325E.3892 that the sale of that product is
63	63	3.3prohibited in the state and must provide the commissioner of commerce or attorney general
64	64	3.4with a list of the names and addresses of those notified.
65	65	3.5 (c) The commissioner of commerce may notify any person who sells or offers for sale
66	66	3.6a menstrual product prohibited under this section or section 325E.3892 that the sale of that
67	67	3.7product is prohibited in the state.
68	68	3.8 (d) This section does not apply to products containing arsenic or chemicals of high
69	69	3.9concern, or both, when regulation is preempted by federal law.
70	70	3.10 (e) The commissioner of the Pollution Control Agency may by rule identify additional
71	71	3.11products by category or use that may not be sold, offered for sale, or distributed for sale in
72	72	3.12this state if they contain arsenic or chemicals of high concern and may designate effective
73	73	3.13dates. A prohibition adopted under this paragraph must be effective no earlier than January
74	74	3.141, 2027, and no later than January 1, 2032. The commissioner must prioritize prohibiting
75	75	3.15the sale of product categories that, in the commissioner's judgment, are most likely to
76	76	3.16contaminate or harm the state's environment and natural resources if they contain arsenic
77	77	3.17or chemicals of high concern. The 18-month time limit under section 14.125 does not apply
78	78	3.18to the rulemaking authority under this paragraph.
79	79	3.19 Subd. 2.Enforcement.(a) The commissioners of the Pollution Control Agency,
80	80	3.20commerce, and health may coordinate to enforce this section. The commissioner of the
81	81	3.21Pollution Control Agency or commerce may, with the attorney general, enforce any federal
82	82	3.22restrictions on the sale of products containing arsenic or any chemical of high concern as
83	83	3.23allowed under federal law. The commissioner of the Pollution Control Agency may enforce
84	84	3.24this section under sections 115.071 and 116.072. The commissioner of commerce may
85	85	3.25enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
86	86	3.26325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
87	87	3.27 (b) When requested by the commissioner of the Pollution Control Agency, the
88	88	3.28commissioner of commerce, or the attorney general, a person must furnish to the
89	89	3.29commissioner or attorney general any information that the person may have or may
90	90	3.30reasonably obtain that is relevant to show compliance with this section.
91	91	3.31 Sec. 4. [325E.3894] MENSTRUAL PRODUCT LABELING AND TESTING.
92	92	3.32 Subdivision 1.Labeling requirement.A manufacturer of a menstrual product sold,
93	93	3.33offered for sale, or distributed in the state that contains intentionally added synthetic
94	94	3Sec. 4.
95	95	REVISOR CKM/MI 25-0003512/17/24 4.1ingredients must disclose on the label the synthetic ingredients contained in the menstrual
96	96	4.2product.
97	97	4.3 Subd. 2.Menstrual product testing and certificate of compliance.(a) If the
98	98	4.4commissioner of the Pollution Control Agency, the commissioner of commerce, or the
99	99	4.5commissioner of health has reason to believe that a menstrual product contains lead in
100	100	4.6violation of section 325E.3892, arsenic, or any chemical of high concern and the menstrual
101	101	4.7product is being offered for sale in the state, the commissioner may direct the manufacturer
102	102	4.8of menstrual products to provide the commissioner with test results within 30 days of the
103	103	4.9request.
104	104	4.10 (b) If the menstrual product does not contain lead in violation of section 325E.3892,
105	105	4.11arsenic, or any chemical of high concern, the manufacturer must provide the commissioner
106	106	4.12with:
107	107	4.13 (1) the test results demonstrating the absence of lead in violation of section 325E.3892,
108	108	4.14arsenic, or a chemical of high concern;
109	109	4.15 (2) a certificate attesting that the menstrual product does not contain lead in violation
110	110	4.16of section 325E.3892, arsenic, or a chemical of high concern; and
111	111	4.17 (3) any other relevant information.
112	112	4.18 (c) If the menstrual product contains lead in violation of section 325E.3892, arsenic, or
113	113	4.19a chemical of high concern, the manufacturer must provide the commissioner with test
114	114	4.20results that show the amount of each chemical in the menstrual product, identified by its
115	115	4.21Chemical Abstract Service Registry number and reported as an exact quantity determined
116	116	4.22using commercially available analytical methods or as falling within a range approved for
117	117	4.23reporting purposes by the commissioner or attorney general.
118	118	4.24 (d) The commissioner may extend the deadline for a manufacturer to submit the
119	119	4.25information required under this subdivision if the commissioner determines that more time
120	120	4.26is needed by the manufacturer to comply with the submission requirement.
121	121	4.27 Subd. 3.Enforcement.(a) The commissioners of the Pollution Control Agency,
122	122	4.28commerce, and health may coordinate to enforce this section. The commissioner of the
123	123	4.29Pollution Control Agency or commerce may, with the attorney general, enforce any federal
124	124	4.30restrictions on the sale of products containing arsenic or any chemical of high concern as
125	125	4.31allowed under federal law. The commissioner of the Pollution Control Agency may enforce
126	126	4.32this section under sections 115.071 and 116.072. The commissioner of commerce may
127	127	4Sec. 4.
128	128	REVISOR CKM/MI 25-0003512/17/24 5.1enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
129	129	5.2325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
130	130	5.3 (b) When requested by the commissioner of the Pollution Control Agency, the
131	131	5.4commissioner of commerce, or the attorney general, a person must furnish to the
132	132	5.5commissioner or attorney general any information that the person may have or may
133	133	5.6reasonably obtain that is relevant to show compliance with this section.
134	134	5.7 Subd. 4.Fees.Notwithstanding section 16A.1283, the commissioners of the Pollution
135	135	5.8Control Agency, commerce, and health may establish by rule a fee payable by a manufacturer
136	136	5.9to the commissioner upon submission of the information required under subdivision 2 to
137	137	5.10cover the agencies' reasonable costs to implement this section.
138	138	5.11 Subd. 5.Rules.The commissioners of the Pollution Control Agency, commerce, and
139	139	5.12health must adopt joint rules necessary to implement this section. The 18-month time limit
140	140	5.13under section 14.125 does not apply to rulemaking authority under this section.
141	141	5Sec. 4.
142	142	REVISOR CKM/MI 25-0003512/17/24