Minnesota 2025-2026 Regular Session

Minnesota House Bill HF3267 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 environment; regulating toxics in cosmetics; authorizing rulemaking;
3	3	1.3 amending Minnesota Statutes 2024, section 325E.3892, subdivision 1; proposing
4	4	1.4 coding for new law in Minnesota Statutes, chapter 116.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [116.944] TOXIC CHEMICALS IN COSMETICS.
7	7	1.7 Subdivision 1.Definitions.(a) For purposes of this section, the terms used have the
8	8	1.8meanings given.
9	9	1.9 (b) "CAS" refers to the Chemical Abstracts Service number that is assigned to a substance.
10	10	1.10 (c) "Cosmetic" has the meaning given in section 116.943, subdivision 1, and does not
11	11	1.11include prescription drugs approved by the United States Food and Drug Administration.
12	12	1.12 (d) "Commissioner" means the commissioner of the Pollution Control Agency.
13	13	1.13 (e) "Manufacturer" has the meaning given in section 116.943, subdivision 1.
14	14	1.14 (f) "Ortho-phthalates" means esters of ortho-phthalic acid.
15	15	1.15 (g) "Small business" means a business that employs fewer than 50 people.
16	16	1.16 (h) "Vulnerable populations" includes but is not limited to:
17	17	1.17 (1) racial or ethnic minorities;
18	18	1.18 (2) low-income populations;
19	19	1.19 (3) populations disproportionately impacted by environmental harms; and
20	20	1.20 (4) populations of workers experiencing environmental harms.
21	21	1Section 1.
22	22	REVISOR CKM/DD 25-0359904/10/25
23	23	State of Minnesota
24	24	This Document can be made available
25	25	in alternative formats upon request
26	26	HOUSE OF REPRESENTATIVES
27	27	H. F. No. 3267
28	28	NINETY-FOURTH SESSION
29	29	Authored by Feist and Myers04/28/2025
30	30	The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 Subd. 2.Prohibition.(a) Except as provided in paragraph (d), beginning January 1,
31	31	2.22027, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or
32	32	2.3distribute for use in the state a cosmetic that contains any of the following intentionally
33	33	2.4added chemicals or chemical classes:
34	34	2.5 (1) ortho-phthalates;
35	35	2.6 (2) formaldehyde (CAS 50-00-0) and chemicals determined by the commissioner to
36	36	2.7release formaldehyde;
37	37	2.8 (3) methylene glycol (CAS 463-57-0);
38	38	2.9 (4) triclosan (CAS 3380-34-5);
39	39	2.10 (5) m-phenylenediamine and its salts (CAS 108-45-2); or
40	40	2.11 (6) o-phenylenediamine and its salts (CAS 95-54-5).
41	41	2.12 (b) Except as provided in paragraphs (c) and (d), beginning January 1, 2027, no person
42	42	2.13may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in
43	43	2.14the state a cosmetic that contains intentionally added lead or lead compounds (CAS
44	44	2.157439-92-1) at two parts per million or above.
45	45	2.16 (c) Except as provided in paragraph (d), beginning January 1, 2027, no person may
46	46	2.17manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the
47	47	2.18state a cosmetic that contains intentionally added lead or lead compounds (CAS 7439-92-1)
48	48	2.19at five parts per million or above if the cosmetic:
49	49	2.20 (1) contains a colorant; or
50	50	2.21 (2) is a clay mask.
51	51	2.22 (d) An in-state retailer in possession of cosmetics on January 1, 2027, may exhaust the
52	52	2.23retailer's existing stock through sales to the public until January 1, 2028.
53	53	2.24 (e) The chemicals in paragraph (a) are restricted in cosmetics regardless of whether the
54	54	2.25product also contains drug ingredients regulated by the United States Food and Drug
55	55	2.26Administration.
56	56	2.27 Subd. 3.Other chemicals.By July 1, 2026, the commissioner, in consultation with the
57	57	2.28commissioner of health, must use existing information to identify and assess the hazards of
58	58	2.29chemicals or chemical classes that provide the same or similar function in cosmetics as the
59	59	2.30chemicals or chemical classes in subdivision 2, paragraph (a), and that may adversely impact
60	60	2.31vulnerable populations. The commissioner must make the information publicly available.
61	61	2Section 1.
62	62	REVISOR CKM/DD 25-0359904/10/25 3.1 Subd. 4.Small business initiatives.(a) By July 1, 2026, the commissioner must
63	63	3.2implement an initiative to support small businesses that manufacture cosmetics in efforts
64	64	3.3to obtain voluntary environmental health certifications for cosmetics implemented by the
65	65	3.4United States Environmental Protection Agency or other programs, as determined by the
66	66	3.5commissioner, that are designed to identify cosmetics that do not contain identified hazards.
67	67	3.6The initiative may include but is not limited to providing:
68	68	3.7 (1) technical assistance and support;
69	69	3.8 (2) resources for chemical hazard assessments; and
70	70	3.9 (3) resources for reformulating products.
71	71	3.10 (b) By July 1, 2026, the commissioner must implement an initiative to support
72	72	3.11independent cosmetologists and small businesses that provide cosmetology services, such
73	73	3.12as beauty salons, in efforts to transition to using safer cosmetics. The initiative may include
74	74	3.13but is not limited to providing:
75	75	3.14 (1) technical assistance and support;
76	76	3.15 (2) resources for identifying safer cosmetic products; and
77	77	3.16 (3) resources for financial incentives to eligible participants to replace cosmetic products
78	78	3.17containing toxic chemicals, implement disposal programs, and use safer products.
79	79	3.18 Subd. 5.Rulemaking.(a) The commissioner may adopt rules as necessary to implement,
80	80	3.19administer, and enforce this section.
81	81	3.20 (b) The commissioner must adopt rules to establish a list of chemicals that are used in
82	82	3.21cosmetics and that release formaldehyde according to subdivision 2, paragraph (a), clause
83	83	3.22(2). In establishing the list, the commissioner must consider:
84	84	3.23 (1) the estimated prevalence of use;
85	85	3.24 (2) the potential to reduce disproportionate exposure; and
86	86	3.25 (3) other information deemed relevant by the commissioner.
87	87	3.26 (c) The commissioner may identify for regulation under this section an initial set of no
88	88	3.27more than ten of the listed chemicals that are used in cosmetics and that release formaldehyde.
89	89	3.28The regulation must take effect on or after January 1, 2028.
90	90	3.29 (d) Regulation of the remaining listed chemicals that are used in cosmetics and that
91	91	3.30release formaldehyde may take effect on or after January 1, 2029.
92	92	3Section 1.
93	93	REVISOR CKM/DD 25-0359904/10/25 4.1 (e) The commissioner may adopt additional rules after January 1, 2029, including
94	94	4.2developing supplemental lists of chemicals that release formaldehyde and adopting additional
95	95	4.3restrictions.
96	96	4.4 (f) Before beginning rulemaking under this section, the commissioner must engage with
97	97	4.5relevant stakeholders to ensure the availability of adequate expertise and input. The
98	98	4.6stakeholder process must include but is not limited to soliciting input from representatives
99	99	4.7of independent cosmetologists; small businesses offering cosmetology services, such as
100	100	4.8beauty salons; and small-business manufacturers of cosmetics. The input received from
101	101	4.9stakeholders must be considered when adopting rules.
102	102	4.10 Subd. 6.Enforcement.(a) A manufacturer that produces a product or imports or
103	103	4.11domestically distributes a product in or into the state in violation of this section, a rule
104	104	4.12adopted under this section, or an order issued by the commissioner is subject to a civil
105	105	4.13penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers
106	106	4.14who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat
107	107	4.15offense.
108	108	4.16 (b) The commissioner may enforce this section under sections 115.071 and 116.072.
109	109	4.17The commissioner may coordinate with the commissioners of commerce and health in
110	110	4.18enforcing this section.
111	111	4.19 (c) When requested by the commissioner, a person must furnish to the commissioner
112	112	4.20any information that the person may have or may reasonably obtain that is relevant to show
113	113	4.21compliance with this section.
114	114	4.22 (d) All penalties collected under this section must be deposited in the environmental
115	115	4.23fund.
116	116	4.24 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
117	117	4.25 Subdivision 1.Definitions.For purposes of this section, "covered product" means any
118	118	4.26of the following products or product components:
119	119	4.27 (1) jewelry;
120	120	4.28 (2) toys;
121	121	4.29 (3) cosmetics and personal care products;
122	122	4.30 (4) puzzles, board games, card games, and similar games;
123	123	4.31 (5) play sets and play structures;
124	124	4Sec. 2.
125	125	REVISOR CKM/DD 25-0359904/10/25 5.1 (6) outdoor games;
126	126	5.2 (7) school supplies;
127	127	5.3 (8) pots and pans;
128	128	5.4 (9) cups, bowls, and other food containers;
129	129	5.5 (10) craft supplies and jewelry-making supplies;
130	130	5.6 (11) chalk, crayons, paints, and other art supplies;
131	131	5.7 (12) fidget spinners;
132	132	5.8 (13) costumes, costume accessories, and children's and seasonal party supplies;
133	133	5.9 (14) keys, key chains, and key rings; and
134	134	5.10 (15) clothing, footwear, headwear, and accessories.
135	135	5Sec. 2.
136	136	REVISOR CKM/DD 25-0359904/10/25