1.1.................... moves to amend H.F. No. 250, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [116.9401] DEFINITIONS.
1.4(a) For the purposes of sections 116.9401 to 116.9412, the following terms have
1.5the meanings given them.
1.6(b) "Agency" means the Pollution Control Agency.
1.7(c) "Alternative" means a substitute process, product, material, chemical, strategy,
1.8or combination of these that serves a functionally equivalent purpose to a chemical in a
1.9children's product.
1.10(d) "Chemical" means a substance with a distinct molecular composition or a group
1.11of structurally related substances and includes the breakdown products of the substance or
1.12substances that form through decomposition, degradation, or metabolism.
1.13(e) "Chemical of high concern" means a chemical identified on the basis of credible
1.14scientific evidence by a governmental entity or the United Nations' World Health
1.15Organization as being known or suspected with a high degree of probability to:
1.16(1) harm the normal development of a fetus or child or cause other developmental
1.17toxicity;
1.18(2) cause cancer, genetic damage, or reproductive harm;
1.19(3) disrupt the endocrine or hormone system;
1.20(4) damage the nervous system, immune system, or organs, or cause other systemic
1.21toxicity;
1.22(5) be persistent, bioaccumulative, and toxic; or
1.23(6) be very persistent and very bioaccumulative.
1.24(f) "Child" means a person under 12 years of age.
1.25(g) "Children's product" means a consumer product intended for use by children,
1.26such as baby products, toys, car seats, personal care products, and clothing.
1.27(h) "Commissioner" means the commissioner of the Pollution Control Agency.
2.1(i) "Distributor" means a person who sells consumer products to retail establishments
2.2on a wholesale basis.
2.3(j) "Green chemistry" means an approach to designing and manufacturing products
2.4in ways that minimize the use and generation of toxic substances.
2.5(k) "Manufacturer" means any person who manufactures a final consumer product
2.6sold at retail or whose brand name is affixed to the consumer product. In the case of a
2.7consumer product imported into the United States, manufacturer includes the importer
2.8or domestic distributor of the consumer product if the person who manufactured or
2.9assembled the consumer product or whose brand name is affixed to the consumer product
2.10does not have a presence in the United States.
2.11(l) "Priority chemical" means a chemical identified by the commissioner as a
2.12chemical of high concern that is contained in a children's product offered for sale in
2.13Minnesota and meets the criteria in section 116.9403.
2.14(m) "Safer alternative" means an alternative whose potential to harm human health
2.15is less than that of a priority chemical that it could replace.

2.16    Sec. 2. [116.9402] IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
2.17(a) By July 1, 2010, the agency shall, after consultation with the Department of
2.18Health, publish in the State Register and on the agency's Internet Web site a list of
2.19chemicals of high concern.
2.20(b) The department must periodically review and revise the list of chemicals of high
2.21concern at least every three years. The department may add chemicals to the list if the
2.22chemical meets one or more of the criteria in section 116.9401, paragraph (e).
2.23(c) The agency shall consider, among others, chemicals listed in the following
2.24sources for possible inclusion on the list of chemicals of high concern:
2.25(1) chemicals identified as "Group 1 carcinogens" or "Group 2A carcinogens" by the
2.26United Nations' World Health Organization, International Agency for Research on Cancer;
2.27(2) chemicals identified as "known to be a human carcinogen" and "reasonably
2.28anticipated to be a human carcinogen" by the secretary of the United States Department
2.29of Health and Human Services;
2.30(3) chemicals identified as "Group A carcinogens" or "Group B carcinogens" by the
2.31United States Environmental Protection Agency;
2.32(4) chemicals identified as reproductive or developmental toxicants by:
2.33(i) the United States Department of Health and Human Services, National
2.34Toxicology Program, Center for the Evaluation of Risks to Human Reproduction; and
3.1(ii) the California Environmental Protection Agency, Office of Environmental Health
3.2Hazard Assessment pursuant to the California Health and Safety Code, Safe Drinking
3.3Water and Toxic Enforcement Act of 1986, chapter 6.6, section 25249.8;
3.4(5) chemicals identified as known or likely endocrine disruptors through screening
3.5or testing conducted in accordance with protocols developed by the United States
3.6Environmental Protection Agency pursuant to the federal Food, Drug, and Cosmetic Act,
3.7United States Code, title 21, section 346a(p), as amended by the federal Food Quality
3.8Protection Act, Public Law 104-170, or the federal Safe Drinking Water Act, United States
3.9Code, title 42, section 300j-17;
3.10(6) chemicals listed on the basis of endocrine-disrupting properties in Annex
3.11XIV, List of Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of
3.12the European Parliament concerning the Registration, Evaluation, Authorisation, and
3.13Restriction of Chemicals;
3.14(7) persistent, bioaccumulative, and toxic chemicals identified by:
3.15(i) the state of Washington Department of Ecology in Washington Administrative
3.16Code, Chapter 173-333; or
3.17(ii) the United States Environmental Protection Agency in Code of Federal
3.18Regulations, title 40, part 372; and
3.19(8) a very persistent, very bioaccumulative chemical listed in Annex XIV, List of
3.20Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of the European
3.21Parliament concerning the Registration, Evaluation, Authorisation, and Restriction of
3.22Chemicals.
3.23(d) The agency may consider chemicals listed by another state as harmful to human
3.24health or the environment for possible inclusion in the list of chemicals of high concern.

3.25    Sec. 3. [116.9403] IDENTIFICATION OF PRIORITY CHEMICALS.
3.26The agency, after consultation with the Department of Health, may designate a
3.27chemical of high concern as a priority chemical if the agency finds that the chemical:
3.28(1) is contained in a children's product offered for sale in Minnesota;
3.29(2) has been identified as a high-production volume chemical by the United States
3.30Environmental Protection Agency; and
3.31(3) meets any of the following criteria:
3.32(i) the chemical has been found through biomonitoring to be present in human blood,
3.33including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
3.34(ii) the chemical has been found through sampling and analysis to be present in
3.35household dust, indoor air, drinking water, or elsewhere in the home environment;
4.1(iii) the chemical has been found through monitoring to be present in fish, wildlife,
4.2or the natural environment; or
4.3(iv) the sale or use of the chemical or a product containing the chemical has been
4.4prohibited in another state within the United States.

4.5    Sec. 4. [116.9404] IDENTIFICATION OF SAFER ALTERNATIVES.
4.6    Subdivision 1. Agency determination. The agency shall determine whether a safer
4.7alternative to a priority chemical is available and is a technically feasible replacement for
4.8the priority chemical. In making this determination, the agency:
4.9(1) must utilize information from current scientific literature, the Interstate
4.10Chemicals Clearinghouse, from manufacturers of children's products, and other sources it
4.11deems appropriate;
4.12(2) may, in the absence of persuasive evidence to the contrary, presume that:
4.13(i) an alternative is a safer alternative if the alternative is not a chemical of high
4.14concern;
4.15(ii) a safer alternative is available if the sale of the children's product containing the
4.16priority chemical has been prohibited by another state within the United States;
4.17(iii) a safer alternative is available if the children's product containing the priority
4.18chemical is an item of apparel or a novelty; and
4.19(iv) a safer alternative is available if the alternative is sold in the United States.
4.20    Subd. 2. Agency designation. (a) If the agency determines that a safer alternative is
4.21available and is a technically feasible replacement for a priority chemical, the agency shall
4.22designate that priority chemical a Level 1 priority chemical. If the agency determines that
4.23current information does not indicate that a safer alternative is available or is a technically
4.24feasible replacement for a priority chemical, the agency shall designate that chemical a
4.25Level 2 priority chemical. By February 1, 2011, the agency shall publish a list of Level 1
4.26and Level 2 priority chemicals in the State Register and on the agency's Internet Web site
4.27and shall update the published list whenever a new priority chemical is designated.
4.28(b) The agency shall designate at least five priority chemicals as Level 1 or Level 2
4.29by January 1, 2011, and at least five additional priority chemicals by January 1, 2013.
4.30(c) The agency shall, at least every two years:
4.31(1) review the list of chemicals of high concern and determine, which, if any, should
4.32be designated Level 1 or Level 2 priority chemicals; and
4.33(2) review the reports submitted by manufacturers under section 116.9408 to
4.34determine if any Level 2 priority chemicals should be designated as Level 1 priority
4.35chemicals.

5.1    Sec. 5. [116.9405] DISCLOSURE OF INFORMATION ON PRIORITY
5.2CHEMICALS.
5.3    Subdivision 1. Reporting of chemical use. Not later than 180 days after Level 1
5.4and Level 2 priority chemical are identified under section 116.9404, any person who is
5.5a manufacturer or distributor of a children's product for sale in this state that contains a
5.6Level 1 or Level 2 priority chemical shall notify the agency of that fact in writing unless
5.7the children's product is not subject to regulation under section 116.9407. This written
5.8notice must identify the product, the number of units sold or distributed for sale in this
5.9state or nationally during the previous calendar year, the priority chemical or chemicals
5.10contained in the product, and the intended purpose of the priority chemicals in the product.
5.11    Subd. 2. Supplemental information. The manufacturer or distributor of a
5.12children's product that contains a priority chemical shall provide the following additional
5.13information if requested by the agency:
5.14(1) information on the likelihood that the chemical will be released from the
5.15children's product to the environment during the children's product's lifecycle and the
5.16extent to which users of the children's product are likely to be exposed to the chemical;
5.17(2) additional information regarding the potential for harm to human health from
5.18specific uses of the priority chemical; and
5.19(3) an assessment of the availability, cost, feasibility, and performance, including
5.20potential for harm to human health of alternatives to the priority chemical and the reason
5.21the priority chemical is used in the manufacture of the children's product in lieu of
5.22identified alternatives. If an assessment acceptable to the agency is not timely submitted as
5.23determined by the agency, the agency may assess a fee on the manufacturer or distributor
5.24to cover the costs to prepare an independent report on the availability of safer alternatives
5.25by a contractor of the agency's choice.

5.26    Sec. 6. [116.9406] PROHIBITION OF SALE.
5.27    Subdivision 1. Agency action against product containing priority chemical.
5.28(a) Upon making a determination that a safer alternative is available for the specified use
5.29of the priority chemical in a children's product, the agency shall specify a reasonably
5.30expeditious timeline, not to exceed three years, by which date the children's product may
5.31no longer be sold or offered for sale in this state if it contains a priority chemical.
5.32(b) The agency may also prohibit the sale or distribution in this state of a children's
5.33product containing a priority chemical or if the manufacturer or distributor fails to provide
5.34the information required under section 116.9405 in a timely fashion.
6.1    Subd. 2. Notice of prohibition of sale. The agency shall notify a manufacturer
6.2or distributor of its decision to prohibit the offering for sale in this state of a product
6.3containing a priority chemical, unless the manufacturer or distributor has been granted a
6.4waiver under section 116.9407. The notice of prohibition of sale must contain the effective
6.5date of the prohibition, which must be at least 180 days after the date of the notice.
6.6    Subd. 3. Manufacturer's options. A manufacturer or distributor of a children's
6.7product containing a Level 1 priority chemical designated by the agency must:
6.8(1) discontinue offering the product for sale in Minnesota;
6.9(2) obtain a waiver from the commissioner under section 116.9407 in order to
6.10continue offering the product for sale in Minnesota; or
6.11(3) replace the priority chemical with a safer alternative if the agency determines
6.12that a safer alternative is available and is a technically feasible replacement for the specific
6.13use in the children's product.
6.14    Subd. 4. Compliance plan. No later than 180 days prior to the effective date of a
6.15prohibition adopted under subdivision 1, the manufacturer or distributor of a children's
6.16product that contains the priority chemical that is subject to the prohibition shall file
6.17a compliance plan with the commissioner or seek a waiver under section 116.9407. A
6.18compliance plan must:
6.19(1) identify the children's product that contains the priority chemical;
6.20(2) specify whether compliance will be achieved by discontinuing the sale of the
6.21children's product in this state or by substituting a safer alternative in the product; and
6.22(3) if compliance is achieved by substitution of a safer alternative in the product,
6.23identify the safer alternative and the timetable for substitution.
6.24    Subd. 5. Certificate of compliance. No less than 60 days prior to the effective date
6.25of the prohibition of sale determined under this section, a manufacturer or distributor
6.26must send to the agency, in writing, a certificate of compliance certifying that after the
6.27effective date of the prohibition, the manufacturer or distributor will not offer the product
6.28containing the priority chemical for sale in this state, and, if applicable, that compliance
6.29will be achieved through substitution of a safer alternative approved by the agency.
6.30    Subd. 6. Retailer notification. A manufacturer or distributor of a children's product
6.31issued a notice of prohibition of sale under subdivision 2 shall notify, in writing, persons
6.32that offer the product for sale or distribution in this state of the requirements of sections
6.33116.9401 to 116.9412, and the effective date of the prohibition of sale. Notice under this
6.34subdivision must be issued within 30 days of the issuance of the notice of prohibition
6.35of sale, unless the manufacturer or distributor has applied for a waiver under section
7.1116.9406, in which case the notice must be issued within 30 days of a permit denial by
7.2the commissioner.
7.3    Subd. 7. Sale of inventory. A retailer selling a children's product containing a
7.4priority chemical that is the subject of a prohibition issued under subdivision 1 may not
7.5offer the children's product for sale in this state after the effective date of the prohibition,
7.6except that a retailer may exhaust stocks present in the retailer's premises 90 days prior to
7.7the effective date of the prohibition, after providing evidence of that fact to the agency.
7.8    Subd. 8. Exceptions. A children's product containing a priority chemical designated
7.9by the agency may continue to be sold or offered for sale in this state if:
7.10(1) the manufacturer or distributor obtains a waiver under section 116.9407; or
7.11(2) in the commissioner's judgment, the lack of availability of the children's product
7.12could pose an unreasonable risk to public health, safety, or welfare.

7.13    Sec. 7. [116.9407] WAIVER FOR SPECIFIC USES.
7.14    Subdivision 1. Application for waiver. The manufacturer or distributor of a
7.15children's product that contains a priority chemical and is subject to a prohibition under
7.16section 116.9406 may apply to the commissioner for a waiver for one or more specific
7.17uses of the priority chemical. The waiver application must, at a minimum:
7.18(1) identify the specific children's product use or uses for which the waiver is sought;
7.19(2) identify the alternatives considered for substitution of the priority chemical;
7.20(3) explain the basis for concluding that the use of an alternative is not technically or
7.21economically feasible; and
7.22(4) identify the steps that have and will be taken to minimize the use of the priority
7.23chemical.
7.24    Subd. 2. Term of waiver. The commissioner may grant a waiver with or without
7.25conditions upon finding that there are no technically or economically feasible alternatives
7.26for the use of the priority chemical in the children's product. Waivers may be granted for a
7.27term not to exceed four years and may be renewed for one or more additional four-year
7.28terms upon written application demonstrating that technically or economically feasible
7.29alternatives remain unavailable. The commissioner shall deny or grant waiver requests
7.30within 60 days after receipt of a completed waiver application.

7.31    Sec. 8. [116.9408] MANUFACTURER'S RESPONSIBILITIES REGARDING
7.32LEVEL 2 PRIORITY CHEMICALS.
8.1A manufacturer of a children's product containing a Level 2 priority chemical
8.2designated by the agency under section 116.9404 is required to submit a report to the
8.3agency every two years which must contain:
8.4(1) a description of the manufacturer's efforts to identify a safer alternative to the
8.5priority chemical; and
8.6(2) alternative designs for the product that do not contain the priority chemical that
8.7were considered by the manufacturer, and the reasons they were rejected.

8.8    Sec. 9. [116.9409] APPLICABILITY.
8.9The requirements of sections 116.9401 to 116.9412 do not apply to:
8.10(1) chemicals in used children's products;
8.11(2) priority chemicals used in the manufacturing process, but that are not present
8.12in the final product;
8.13(3) priority chemicals used in agricultural production;
8.14(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
8.1586B or their component parts, except that the use of priority chemicals in detachable
8.16car seats is not exempt;
8.17(5) priority chemicals generated solely as combustion by-products or that are present
8.18in combustible fuels;
8.19(6) retailers, unless that retailer knowingly sells a children's product containing
8.20a priority chemical after the effective date of its prohibition, of which that retailer has
8.21received prior notification from a manufacturer, distributor, or the state
8.22(7) pharmaceutical products;
8.23(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
8.24States Code, title 21, section 321(h); or
8.25(9) food and food or beverage packaging, except a container containing baby food
8.26or infant formula.

8.27    Sec. 10. [116.9410] DONATIONS TO THE STATE.
8.28The commissioner may accept donations, grants, and other funds to carry out
8.29the purposes of sections 116.9401 to 116.9412. All such donations, grants, and other
8.30funds must be accepted without preconditions regarding the outcomes of the regulatory
8.31oversight processes set forth in sections 116.9401 to 116.9412.

8.32    Sec. 11. [116.9411] PARTICIPATION IN INTERSTATE CHEMICALS
8.33CLEARINGHOUSE.
9.1The agency may participate in an interstate chemicals clearinghouse to promote
9.2safer chemicals in consumer products in cooperation with other states, including the
9.3classification of chemicals in commerce; organizing and managing available data on
9.4chemicals, including information on uses, hazards, and environmental and health
9.5concerns; and producing and evaluating information on safer alternatives to specific uses
9.6of chemicals of concern.

9.7    Sec. 12. [116.9412] REPORTS.
9.8(a) By January 15, 2010, the Pollution Control Agency shall report to the senate
9.9and house of representatives committees with jurisdiction over environment and natural
9.10resources, commerce, and public health regarding the department's plans for implementing
9.11the requirements of sections 116.9401 to 116.9412, and make recommendations for
9.12funding the implementation of those sections.
9.13(b) By January 15, 2012, the Pollution Control Agency, in conjunction with the
9.14commissioner of human services and the commissioner of commerce, shall report to the
9.15senate and house of representatives committees with jurisdiction over environment and
9.16natural resources, commerce, and public health regarding recommendations to evaluate
9.17and regulate toxic chemicals in all consumer products and to promote and provide
9.18incentives for product design that uses principles of green chemistry and lifecycle analysis
9.19to protect public health and the environment.

9.20    Sec. 13. [116.9413] ENFORCEMENT.
9.21The agency shall enforce sections 116.9401 to 116.9412 in the manner provided
9.22by sections 115.071, subdivisions 3 to 6.

9.23    Sec. 14. EFFECTIVE DATE.
9.24Sections 1 to 13 are effective the day following final enactment."