1.1 A bill for an act
1.2 relating to consumer safety; modifying requirements for products containing lead
1.3 or cadmium; prohibiting sale of menstrual products containing arsenic or chemicals
1.4 of high concern; requiring certain labeling and testing for menstrual products;
1.5 requiring rulemaking; amending Minnesota Statutes 2024, section 325E.3892,
1.6 subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter
1.7 325E.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
1.10 Subdivision 1.Definitions.For purposes of this section, "covered product" means any
1.11of the following products or product components:
1.12 (1) jewelry;
1.13 (2) toys;
1.14 (3) cosmetics and personal care products;
1.15 (4) puzzles, board games, card games, and similar games;
1.16 (5) play sets and play structures;
1.17 (6) outdoor games;
1.18 (7) school supplies;
1.19 (8) pots and pans;
1.20 (9) cups, bowls, and other food containers;
1.21 (10) craft supplies and jewelry-making supplies;
1Section 1.
REVISOR CKM/MI 25-0003512/17/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2983
NINETY-FOURTH SESSION
Authored by Pursell and Myers04/01/2025
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;
2.2 (12) fidget spinners;
2.3 (13) costumes, costume accessories, and children's and seasonal party supplies;
2.4 (14) keys, key chains, and key rings; and
2.5 (15) clothing, footwear, headwear, and accessories; and
2.6 (16) menstrual products.
2.7 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read:
2.8 Subd. 2.Prohibition; additional product categories.(a) A person must not import,
2.9manufacture, sell, hold for sale, or distribute or offer for use in this state any covered product
2.10containing:
2.11 (1) lead at more than 0.009 percent by total weight (90 parts per million); or
2.12 (2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
2.13 (b) This section does not apply to covered products containing lead or cadmium, or both,
2.14when regulation is preempted by federal law.
2.15 (c) The commissioner of the Pollution Control Agency may by rule identify additional
2.16products by category or use that may not be sold, offered for sale, or distributed for sale in
2.17this state if they contain lead and may designate effective dates. A prohibition adopted under
2.18this paragraph must be effective no earlier than January 1, 2027, and no later than January
2.191, 2032. The commissioner must prioritize prohibiting sale of product categories that, in
2.20the commissioner's judgment, are most likely to contaminate or harm the state's environment
2.21and natural resources if they contain lead. The 18-month time limit under section 14.125
2.22does not apply to rulemaking authority under this paragraph.
2.23 Sec. 3. [325E.3893] ARSENIC AND CHEMICALS OF HIGH CONCERN IN
2.24CONSUMER PRODUCTS; MENSTRUAL PRODUCTS.
2.25 Subdivision 1.Prohibition; additional product categories.(a) A person must not
2.26import, manufacture, sell, hold for sale, or distribute or offer for use in this state any
2.27menstrual products containing:
2.28 (1) arsenic; or
2.29 (2) chemicals of high concern as defined in section 116.9401.
2Sec. 3.
REVISOR CKM/MI 25-0003512/17/24 3.1 (b) A manufacturer must notify any person who sells or offers for sale a menstrual
3.2product prohibited under this section or section 325E.3892 that the sale of that product is
3.3prohibited in the state and must provide the commissioner of commerce or attorney general
3.4with a list of the names and addresses of those notified.
3.5 (c) The commissioner of commerce may notify any person who sells or offers for sale
3.6a menstrual product prohibited under this section or section 325E.3892 that the sale of that
3.7product is prohibited in the state.
3.8 (d) This section does not apply to products containing arsenic or chemicals of high
3.9concern, or both, when regulation is preempted by federal law.
3.10 (e) The commissioner of the Pollution Control Agency may by rule identify additional
3.11products by category or use that may not be sold, offered for sale, or distributed for sale in
3.12this state if they contain arsenic or chemicals of high concern and may designate effective
3.13dates. A prohibition adopted under this paragraph must be effective no earlier than January
3.141, 2027, and no later than January 1, 2032. The commissioner must prioritize prohibiting
3.15the sale of product categories that, in the commissioner's judgment, are most likely to
3.16contaminate or harm the state's environment and natural resources if they contain arsenic
3.17or chemicals of high concern. The 18-month time limit under section 14.125 does not apply
3.18to the rulemaking authority under this paragraph.
3.19 Subd. 2.Enforcement.(a) The commissioners of the Pollution Control Agency,
3.20commerce, and health may coordinate to enforce this section. The commissioner of the
3.21Pollution Control Agency or commerce may, with the attorney general, enforce any federal
3.22restrictions on the sale of products containing arsenic or any chemical of high concern as
3.23allowed under federal law. The commissioner of the Pollution Control Agency may enforce
3.24this section under sections 115.071 and 116.072. The commissioner of commerce may
3.25enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
3.26325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
3.27 (b) When requested by the commissioner of the Pollution Control Agency, the
3.28commissioner of commerce, or the attorney general, a person must furnish to the
3.29commissioner or attorney general any information that the person may have or may
3.30reasonably obtain that is relevant to show compliance with this section.
3.31 Sec. 4. [325E.3894] MENSTRUAL PRODUCT LABELING AND TESTING.
3.32 Subdivision 1.Labeling requirement.A manufacturer of a menstrual product sold,
3.33offered for sale, or distributed in the state that contains intentionally added synthetic
3Sec. 4.
REVISOR CKM/MI 25-0003512/17/24 4.1ingredients must disclose on the label the synthetic ingredients contained in the menstrual
4.2product.
4.3 Subd. 2.Menstrual product testing and certificate of compliance.(a) If the
4.4commissioner of the Pollution Control Agency, the commissioner of commerce, or the
4.5commissioner of health has reason to believe that a menstrual product contains lead in
4.6violation of section 325E.3892, arsenic, or any chemical of high concern and the menstrual
4.7product is being offered for sale in the state, the commissioner may direct the manufacturer
4.8of menstrual products to provide the commissioner with test results within 30 days of the
4.9request.
4.10 (b) If the menstrual product does not contain lead in violation of section 325E.3892,
4.11arsenic, or any chemical of high concern, the manufacturer must provide the commissioner
4.12with:
4.13 (1) the test results demonstrating the absence of lead in violation of section 325E.3892,
4.14arsenic, or a chemical of high concern;
4.15 (2) a certificate attesting that the menstrual product does not contain lead in violation
4.16of section 325E.3892, arsenic, or a chemical of high concern; and
4.17 (3) any other relevant information.
4.18 (c) If the menstrual product contains lead in violation of section 325E.3892, arsenic, or
4.19a chemical of high concern, the manufacturer must provide the commissioner with test
4.20results that show the amount of each chemical in the menstrual product, identified by its
4.21Chemical Abstract Service Registry number and reported as an exact quantity determined
4.22using commercially available analytical methods or as falling within a range approved for
4.23reporting purposes by the commissioner or attorney general.
4.24 (d) The commissioner may extend the deadline for a manufacturer to submit the
4.25information required under this subdivision if the commissioner determines that more time
4.26is needed by the manufacturer to comply with the submission requirement.
4.27 Subd. 3.Enforcement.(a) The commissioners of the Pollution Control Agency,
4.28commerce, and health may coordinate to enforce this section. The commissioner of the
4.29Pollution Control Agency or commerce may, with the attorney general, enforce any federal
4.30restrictions on the sale of products containing arsenic or any chemical of high concern as
4.31allowed under federal law. The commissioner of the Pollution Control Agency may enforce
4.32this section under sections 115.071 and 116.072. The commissioner of commerce may
4Sec. 4.
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
5.2325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
5.3 (b) When requested by the commissioner of the Pollution Control Agency, the
5.4commissioner of commerce, or the attorney general, a person must furnish to the
5.5commissioner or attorney general any information that the person may have or may
5.6reasonably obtain that is relevant to show compliance with this section.
5.7 Subd. 4.Fees.Notwithstanding section 16A.1283, the commissioners of the Pollution
5.8Control Agency, commerce, and health may establish by rule a fee payable by a manufacturer
5.9to the commissioner upon submission of the information required under subdivision 2 to
5.10cover the agencies' reasonable costs to implement this section.
5.11 Subd. 5.Rules.The commissioners of the Pollution Control Agency, commerce, and
5.12health must adopt joint rules necessary to implement this section. The 18-month time limit
5.13under section 14.125 does not apply to rulemaking authority under this section.
5Sec. 4.
REVISOR CKM/MI 25-0003512/17/24