1.1 A bill for an act
1.2 relating to environment; regulating toxics in cosmetics; authorizing rulemaking;
1.3 amending Minnesota Statutes 2024, section 325E.3892, subdivision 1; proposing
1.4 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. [116.944] TOXIC CHEMICALS IN COSMETICS.
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the terms used have the
1.8meanings given.
1.9 (b) "CAS" refers to the Chemical Abstracts Service number that is assigned to a substance.
1.10 (c) "Cosmetic" has the meaning given in section 116.943, subdivision 1, and does not
1.11include prescription drugs approved by the United States Food and Drug Administration.
1.12 (d) "Commissioner" means the commissioner of the Pollution Control Agency.
1.13 (e) "Manufacturer" has the meaning given in section 116.943, subdivision 1.
1.14 (f) "Ortho-phthalates" means esters of ortho-phthalic acid.
1.15 (g) "Small business" means a business that employs fewer than 50 people.
1.16 (h) "Vulnerable populations" includes but is not limited to:
1.17 (1) racial or ethnic minorities;
1.18 (2) low-income populations;
1.19 (3) populations disproportionately impacted by environmental harms; and
1.20 (4) populations of workers experiencing environmental harms.
1Section 1.
25-03599 as introduced04/10/25 REVISOR CKM/DD
SENATE
STATE OF MINNESOTA
S.F. No. 3421NINETY-FOURTH SESSION
(SENATE AUTHORS: COLEMAN, Mohamed, Oumou Verbeten and Housley)
OFFICIAL STATUSD-PGDATE
Introduction and first reading04/24/2025
Referred to Environment, Climate, and Legacy 2.1 Subd. 2.Prohibition.(a) Except as provided in paragraph (d), beginning January 1,
2.22027, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or
2.3distribute for use in the state a cosmetic that contains any of the following intentionally
2.4added chemicals or chemical classes:
2.5 (1) ortho-phthalates;
2.6 (2) formaldehyde (CAS 50-00-0) and chemicals determined by the commissioner to
2.7release formaldehyde;
2.8 (3) methylene glycol (CAS 463-57-0);
2.9 (4) triclosan (CAS 3380-34-5);
2.10 (5) m-phenylenediamine and its salts (CAS 108-45-2); or
2.11 (6) o-phenylenediamine and its salts (CAS 95-54-5).
2.12 (b) Except as provided in paragraphs (c) and (d), beginning January 1, 2027, no person
2.13may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in
2.14the state a cosmetic that contains intentionally added lead or lead compounds (CAS
2.157439-92-1) at two parts per million or above.
2.16 (c) Except as provided in paragraph (d), beginning January 1, 2027, no person may
2.17manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the
2.18state a cosmetic that contains intentionally added lead or lead compounds (CAS 7439-92-1)
2.19at five parts per million or above if the cosmetic:
2.20 (1) contains a colorant; or
2.21 (2) is a clay mask.
2.22 (d) An in-state retailer in possession of cosmetics on January 1, 2027, may exhaust the
2.23retailer's existing stock through sales to the public until January 1, 2028.
2.24 (e) The chemicals in paragraph (a) are restricted in cosmetics regardless of whether the
2.25product also contains drug ingredients regulated by the United States Food and Drug
2.26Administration.
2.27 Subd. 3.Other chemicals.By July 1, 2026, the commissioner, in consultation with the
2.28commissioner of health, must use existing information to identify and assess the hazards of
2.29chemicals or chemical classes that provide the same or similar function in cosmetics as the
2.30chemicals or chemical classes in subdivision 2, paragraph (a), and that may adversely impact
2.31vulnerable populations. The commissioner must make the information publicly available.
2Section 1.
25-03599 as introduced04/10/25 REVISOR CKM/DD 3.1 Subd. 4.Small business initiatives.(a) By July 1, 2026, the commissioner must
3.2implement an initiative to support small businesses that manufacture cosmetics in efforts
3.3to obtain voluntary environmental health certifications for cosmetics implemented by the
3.4United States Environmental Protection Agency or other programs, as determined by the
3.5commissioner, that are designed to identify cosmetics that do not contain identified hazards.
3.6The initiative may include but is not limited to providing:
3.7 (1) technical assistance and support;
3.8 (2) resources for chemical hazard assessments; and
3.9 (3) resources for reformulating products.
3.10 (b) By July 1, 2026, the commissioner must implement an initiative to support
3.11independent cosmetologists and small businesses that provide cosmetology services, such
3.12as beauty salons, in efforts to transition to using safer cosmetics. The initiative may include
3.13but is not limited to providing:
3.14 (1) technical assistance and support;
3.15 (2) resources for identifying safer cosmetic products; and
3.16 (3) resources for financial incentives to eligible participants to replace cosmetic products
3.17containing toxic chemicals, implement disposal programs, and use safer products.
3.18 Subd. 5.Rulemaking.(a) The commissioner may adopt rules as necessary to implement,
3.19administer, and enforce this section.
3.20 (b) The commissioner must adopt rules to establish a list of chemicals that are used in
3.21cosmetics and that release formaldehyde according to subdivision 2, paragraph (a), clause
3.22(2). In establishing the list, the commissioner must consider:
3.23 (1) the estimated prevalence of use;
3.24 (2) the potential to reduce disproportionate exposure; and
3.25 (3) other information deemed relevant by the commissioner.
3.26 (c) The commissioner may identify for regulation under this section an initial set of no
3.27more than ten of the listed chemicals that are used in cosmetics and that release formaldehyde.
3.28The regulation must take effect on or after January 1, 2028.
3.29 (d) Regulation of the remaining listed chemicals that are used in cosmetics and that
3.30release formaldehyde may take effect on or after January 1, 2029.
3Section 1.
25-03599 as introduced04/10/25 REVISOR CKM/DD 4.1 (e) The commissioner may adopt additional rules after January 1, 2029, including
4.2developing supplemental lists of chemicals that release formaldehyde and adopting additional
4.3restrictions.
4.4 (f) Before beginning rulemaking under this section, the commissioner must engage with
4.5relevant stakeholders to ensure the availability of adequate expertise and input. The
4.6stakeholder process must include but is not limited to soliciting input from representatives
4.7of independent cosmetologists; small businesses offering cosmetology services, such as
4.8beauty salons; and small-business manufacturers of cosmetics. The input received from
4.9stakeholders must be considered when adopting rules.
4.10 Subd. 6.Enforcement.(a) A manufacturer that produces a product or imports or
4.11domestically distributes a product in or into the state in violation of this section, a rule
4.12adopted under this section, or an order issued by the commissioner is subject to a civil
4.13penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers
4.14who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat
4.15offense.
4.16 (b) The commissioner may enforce this section under sections 115.071 and 116.072.
4.17The commissioner may coordinate with the commissioners of commerce and health in
4.18enforcing this section.
4.19 (c) When requested by the commissioner, a person must furnish to the commissioner
4.20any information that the person may have or may reasonably obtain that is relevant to show
4.21compliance with this section.
4.22 (d) All penalties collected under this section must be deposited in the environmental
4.23fund.
4.24 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
4.25 Subdivision 1.Definitions.For purposes of this section, "covered product" means any
4.26of the following products or product components:
4.27 (1) jewelry;
4.28 (2) toys;
4.29 (3) cosmetics and personal care products;
4.30 (4) puzzles, board games, card games, and similar games;
4.31 (5) play sets and play structures;
4Sec. 2.
25-03599 as introduced04/10/25 REVISOR CKM/DD 5.1 (6) outdoor games;
5.2 (7) school supplies;
5.3 (8) pots and pans;
5.4 (9) cups, bowls, and other food containers;
5.5 (10) craft supplies and jewelry-making supplies;
5.6 (11) chalk, crayons, paints, and other art supplies;
5.7 (12) fidget spinners;
5.8 (13) costumes, costume accessories, and children's and seasonal party supplies;
5.9 (14) keys, key chains, and key rings; and
5.10 (15) clothing, footwear, headwear, and accessories.
5Sec. 2.
25-03599 as introduced04/10/25 REVISOR CKM/DD