Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3421 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	25-03599 as introduced04/10/25 REVISOR CKM/DD
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 3421NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: COLEMAN, Mohamed, Oumou Verbeten and Housley)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading04/24/2025
29	29	Referred to Environment, Climate, and Legacy 2.1 Subd. 2.Prohibition.(a) Except as provided in paragraph (d), beginning January 1,
30	30	2.22027, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or
31	31	2.3distribute for use in the state a cosmetic that contains any of the following intentionally
32	32	2.4added chemicals or chemical classes:
33	33	2.5 (1) ortho-phthalates;
34	34	2.6 (2) formaldehyde (CAS 50-00-0) and chemicals determined by the commissioner to
35	35	2.7release formaldehyde;
36	36	2.8 (3) methylene glycol (CAS 463-57-0);
37	37	2.9 (4) triclosan (CAS 3380-34-5);
38	38	2.10 (5) m-phenylenediamine and its salts (CAS 108-45-2); or
39	39	2.11 (6) o-phenylenediamine and its salts (CAS 95-54-5).
40	40	2.12 (b) Except as provided in paragraphs (c) and (d), beginning January 1, 2027, no person
41	41	2.13may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in
42	42	2.14the state a cosmetic that contains intentionally added lead or lead compounds (CAS
43	43	2.157439-92-1) at two parts per million or above.
44	44	2.16 (c) Except as provided in paragraph (d), beginning January 1, 2027, no person may
45	45	2.17manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the
46	46	2.18state a cosmetic that contains intentionally added lead or lead compounds (CAS 7439-92-1)
47	47	2.19at five parts per million or above if the cosmetic:
48	48	2.20 (1) contains a colorant; or
49	49	2.21 (2) is a clay mask.
50	50	2.22 (d) An in-state retailer in possession of cosmetics on January 1, 2027, may exhaust the
51	51	2.23retailer's existing stock through sales to the public until January 1, 2028.
52	52	2.24 (e) The chemicals in paragraph (a) are restricted in cosmetics regardless of whether the
53	53	2.25product also contains drug ingredients regulated by the United States Food and Drug
54	54	2.26Administration.
55	55	2.27 Subd. 3.Other chemicals.By July 1, 2026, the commissioner, in consultation with the
56	56	2.28commissioner of health, must use existing information to identify and assess the hazards of
57	57	2.29chemicals or chemical classes that provide the same or similar function in cosmetics as the
58	58	2.30chemicals or chemical classes in subdivision 2, paragraph (a), and that may adversely impact
59	59	2.31vulnerable populations. The commissioner must make the information publicly available.
60	60	2Section 1.
61	61	25-03599 as introduced04/10/25 REVISOR CKM/DD 3.1 Subd. 4.Small business initiatives.(a) By July 1, 2026, the commissioner must
62	62	3.2implement an initiative to support small businesses that manufacture cosmetics in efforts
63	63	3.3to obtain voluntary environmental health certifications for cosmetics implemented by the
64	64	3.4United States Environmental Protection Agency or other programs, as determined by the
65	65	3.5commissioner, that are designed to identify cosmetics that do not contain identified hazards.
66	66	3.6The initiative may include but is not limited to providing:
67	67	3.7 (1) technical assistance and support;
68	68	3.8 (2) resources for chemical hazard assessments; and
69	69	3.9 (3) resources for reformulating products.
70	70	3.10 (b) By July 1, 2026, the commissioner must implement an initiative to support
71	71	3.11independent cosmetologists and small businesses that provide cosmetology services, such
72	72	3.12as beauty salons, in efforts to transition to using safer cosmetics. The initiative may include
73	73	3.13but is not limited to providing:
74	74	3.14 (1) technical assistance and support;
75	75	3.15 (2) resources for identifying safer cosmetic products; and
76	76	3.16 (3) resources for financial incentives to eligible participants to replace cosmetic products
77	77	3.17containing toxic chemicals, implement disposal programs, and use safer products.
78	78	3.18 Subd. 5.Rulemaking.(a) The commissioner may adopt rules as necessary to implement,
79	79	3.19administer, and enforce this section.
80	80	3.20 (b) The commissioner must adopt rules to establish a list of chemicals that are used in
81	81	3.21cosmetics and that release formaldehyde according to subdivision 2, paragraph (a), clause
82	82	3.22(2). In establishing the list, the commissioner must consider:
83	83	3.23 (1) the estimated prevalence of use;
84	84	3.24 (2) the potential to reduce disproportionate exposure; and
85	85	3.25 (3) other information deemed relevant by the commissioner.
86	86	3.26 (c) The commissioner may identify for regulation under this section an initial set of no
87	87	3.27more than ten of the listed chemicals that are used in cosmetics and that release formaldehyde.
88	88	3.28The regulation must take effect on or after January 1, 2028.
89	89	3.29 (d) Regulation of the remaining listed chemicals that are used in cosmetics and that
90	90	3.30release formaldehyde may take effect on or after January 1, 2029.
91	91	3Section 1.
92	92	25-03599 as introduced04/10/25 REVISOR CKM/DD 4.1 (e) The commissioner may adopt additional rules after January 1, 2029, including
93	93	4.2developing supplemental lists of chemicals that release formaldehyde and adopting additional
94	94	4.3restrictions.
95	95	4.4 (f) Before beginning rulemaking under this section, the commissioner must engage with
96	96	4.5relevant stakeholders to ensure the availability of adequate expertise and input. The
97	97	4.6stakeholder process must include but is not limited to soliciting input from representatives
98	98	4.7of independent cosmetologists; small businesses offering cosmetology services, such as
99	99	4.8beauty salons; and small-business manufacturers of cosmetics. The input received from
100	100	4.9stakeholders must be considered when adopting rules.
101	101	4.10 Subd. 6.Enforcement.(a) A manufacturer that produces a product or imports or
102	102	4.11domestically distributes a product in or into the state in violation of this section, a rule
103	103	4.12adopted under this section, or an order issued by the commissioner is subject to a civil
104	104	4.13penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers
105	105	4.14who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat
106	106	4.15offense.
107	107	4.16 (b) The commissioner may enforce this section under sections 115.071 and 116.072.
108	108	4.17The commissioner may coordinate with the commissioners of commerce and health in
109	109	4.18enforcing this section.
110	110	4.19 (c) When requested by the commissioner, a person must furnish to the commissioner
111	111	4.20any information that the person may have or may reasonably obtain that is relevant to show
112	112	4.21compliance with this section.
113	113	4.22 (d) All penalties collected under this section must be deposited in the environmental
114	114	4.23fund.
115	115	4.24 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
116	116	4.25 Subdivision 1.Definitions.For purposes of this section, "covered product" means any
117	117	4.26of the following products or product components:
118	118	4.27 (1) jewelry;
119	119	4.28 (2) toys;
120	120	4.29 (3) cosmetics and personal care products;
121	121	4.30 (4) puzzles, board games, card games, and similar games;
122	122	4.31 (5) play sets and play structures;
123	123	4Sec. 2.
124	124	25-03599 as introduced04/10/25 REVISOR CKM/DD 5.1 (6) outdoor games;
125	125	5.2 (7) school supplies;
126	126	5.3 (8) pots and pans;
127	127	5.4 (9) cups, bowls, and other food containers;
128	128	5.5 (10) craft supplies and jewelry-making supplies;
129	129	5.6 (11) chalk, crayons, paints, and other art supplies;
130	130	5.7 (12) fidget spinners;
131	131	5.8 (13) costumes, costume accessories, and children's and seasonal party supplies;
132	132	5.9 (14) keys, key chains, and key rings; and
133	133	5.10 (15) clothing, footwear, headwear, and accessories.
134	134	5Sec. 2.
135	135	25-03599 as introduced04/10/25 REVISOR CKM/DD