1.1.................... moves to amend H.F. No. 2150, the delete everything amendment
1.2(H2150DE3), as follows:
1.3Page 7, after line 7, insert:

1.4    "Sec. 2. [116.9401] DEFINITIONS.
1.5    (a) For the purposes of sections 116.9401 to 116.9408, the following terms have
1.6the meanings given them.
1.7    (b) "Agency" means the Pollution Control Agency.
1.8    (c) "Alternative" means a substitute process, product, material, chemical, strategy,
1.9or combination of these that serves a functionally equivalent purpose to a chemical in a
1.10children's product.
1.11    (d) "Chemical" means a substance with a distinct molecular composition or a group
1.12of structurally related substances and includes the breakdown products of the substance or
1.13substances that form through decomposition, degradation, or metabolism.
1.14    (e) "Chemical of high concern" means a chemical identified on the basis of credible
1.15scientific evidence by a governmental entity or the United Nations' World Health
1.16Organization as being known or suspected with a high degree of probability to:
1.17    (1) harm the normal development of a fetus or child or cause other developmental
1.18toxicity;
1.19    (2) cause cancer, genetic damage, or reproductive harm;
1.20    (3) disrupt the endocrine or hormone system;
1.21    (4) damage the nervous system, immune system, or organs, or cause other systemic
1.22toxicity;
1.23    (5) be persistent, bioaccumulative, and toxic; or
1.24    (6) be very persistent and very bioaccumulative.
1.25    (f) "Child" means a person under 12 years of age.
1.26    (g) "Children's product" means a consumer product intended for use by children,
1.27such as baby products, toys, car seats, personal care products, and clothing.
2.1    (h) "Commissioner" means the commissioner of the Pollution Control Agency.
2.2    (i) "Department" means the Department of Health.
2.3    (j) "Distributor" means a person who sells consumer products to retail establishments
2.4on a wholesale basis.
2.5    (k) "Green chemistry" means an approach to designing and manufacturing products
2.6in ways that minimize the use and generation of toxic substances.
2.7    (l) "Manufacturer" means any person who manufactures a final consumer product
2.8sold at retail or whose brand name is affixed to the consumer product. In the case of a
2.9consumer product imported into the United States, manufacturer includes the importer
2.10or domestic distributor of the consumer product if the person who manufactured or
2.11assembled the consumer product or whose brand name is affixed to the consumer product
2.12does not have a presence in the United States.
2.13    (m) "Priority chemical" means a chemical identified by the commissioner as a
2.14chemical of high concern that is contained in a children's product offered for sale in
2.15Minnesota and meets the criteria in section 116.9403.
2.16    (n) "Safer alternative" means an alternative whose potential to harm human health is
2.17less than that of a priority chemical that it could replace.
2.18EFFECTIVE DATE.This section is effective the day following final enactment.

2.19    Sec. 3. [116.9402] IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
2.20    (a) By July 1, 2010, the department shall, after consultation with the agency, publish
2.21in the State Register and on the agency's Internet Web site a list of chemicals of high
2.22concern.
2.23    (b) The department must periodically review and revise the list of chemicals of high
2.24concern at least every three years. The department may add chemicals to the list if the
2.25chemical meets one or more of the criteria in section 116.9401, paragraph (e).
2.26    (c) The department shall consider, among others, chemicals listed in the following
2.27sources for possible inclusion on the list of chemicals of high concern:
2.28    (1) chemicals identified as "Group 1 carcinogens" or "Group 2A carcinogens" by the
2.29United Nations' World Health Organization, International Agency for Research on Cancer;
2.30    (2) chemicals identified as "known to be a human carcinogen" and "reasonably
2.31anticipated to be a human carcinogen" by the secretary of the United States Department
2.32of Health and Human Services;
2.33    (3) chemicals identified as "Group A carcinogens" or "Group B carcinogens" by the
2.34United States Environmental Protection Agency;
2.35    (4) chemicals identified as reproductive or developmental toxicants by:
3.1    (i) the United States Department of Health and Human Services, National
3.2Toxicology Program, Center for the Evaluation of Risks to Human Reproduction; and
3.3    (ii) the California Environmental Protection Agency, Office of Environmental Health
3.4Hazard Assessment pursuant to the California Health and Safety Code, Safe Drinking
3.5Water and Toxic Enforcement Act of 1986, chapter 6.6, section 25249.8;
3.6    (5) chemicals identified as known or likely endocrine disruptors through screening
3.7or testing conducted in accordance with protocols developed by the United States
3.8Environmental Protection Agency pursuant to the federal Food, Drug, and Cosmetic Act,
3.9United States Code, title 21, section 346a(p), as amended by the federal Food Quality
3.10Protection Act, Public Law 104-170, or the federal Safe Drinking Water Act, United States
3.11Code, title 42, section 300j-17;
3.12    (6) chemicals listed on the basis of endocrine-disrupting properties in Annex
3.13XIV, List of Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of
3.14the European Parliament concerning the Registration, Evaluation, Authorisation, and
3.15Restriction of Chemicals;
3.16    (7) persistent, bioaccumulative, and toxic chemicals identified by:
3.17    (i) the state of Washington Department of Ecology in Washington Administrative
3.18Code, Chapter 173-333; or
3.19    (ii) the United States Environmental Protection Agency in Code of Federal
3.20Regulations, title 40, part 372; and
3.21    (8) a very persistent, very bioaccumulative chemical listed in Annex XIV, List of
3.22Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of the European
3.23Parliament concerning the Registration, Evaluation, Authorisation, and Restriction of
3.24Chemicals.
3.25    (d) The department may consider chemicals listed by another state as harmful to
3.26human health or the environment for possible inclusion in the list of chemicals of high
3.27concern.
3.28EFFECTIVE DATE.This section is effective the day following final enactment.

3.29    Sec. 4. [116.9403] IDENTIFICATION OF PRIORITY CHEMICALS.
3.30    The department, after consultation with the agency, may designate a chemical of
3.31high concern as a priority chemical if the department finds that the chemical:
3.32    (1) has been identified as a high-production volume chemical by the United States
3.33Environmental Protection Agency; and
3.34    (2) meets any of the following criteria:
4.1    (i) the chemical has been found through biomonitoring to be present in human blood,
4.2including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
4.3    (ii) the chemical has been found through sampling and analysis to be present in
4.4household dust, indoor air, drinking water, or elsewhere in the home environment; or
4.5    (iii) the chemical has been found through monitoring to be present in fish, wildlife,
4.6or the natural environment.
4.7EFFECTIVE DATE.This section is effective the day following final enactment.

4.8    Sec. 5. [116.9404] IDENTIFICATION OF SAFER ALTERNATIVES.
4.9    Subdivision 1. Department determination. The department shall determine
4.10whether a safer alternative to a priority chemical is available and is a technically feasible
4.11replacement for the priority chemical. In making this determination, the department:
4.12    (1) must utilize information from current scientific literature, the Interstate
4.13Chemicals Clearinghouse, manufacturers of children's products, and other sources it
4.14deems appropriate;
4.15    (2) may presume that an alternative is a safer alternative if the alternative is not
4.16a chemical of high concern; and
4.17    (3) may presume that a safer alternative is available if:
4.18    (i) the sale of the children's product containing the priority chemical has been
4.19prohibited by another state within the United States; or
4.20    (ii) the children's product containing the priority chemical is an item of apparel
4.21or a novelty; or
4.22    (iii) the alternative is sold in the United States.
4.23    Subd. 2. Department designation. (a) If the department determines that a safer
4.24alternative is available and is a technically feasible replacement for a priority chemical,
4.25the department shall designate that priority chemical a Level 1 priority chemical. If the
4.26department determines that current information does not indicate that a safer alternative is
4.27available or is a technically feasible replacement for a priority chemical, the department
4.28shall designate that chemical a Level 2 priority chemical. By February 1, 2011, the
4.29department shall publish a list of Level 1 and Level 2 priority chemicals in the State
4.30Register and on the department's Internet Web site and shall update the published list
4.31whenever a new priority chemical is designated.
4.32    (b) The department shall designate at least five priority chemicals as Level 1 or
4.33Level 2 by July 1, 2011, and at least five additional priority chemicals as Level 1 or Level
4.342 by January 1, 2013.
4.35    (c) The department shall, at least every two years:
5.1    (1) review the list of chemicals of high concern and determine, which, if any, should
5.2be designated Level 1 or Level 2 priority chemicals; and
5.3    (2) review the reports submitted by manufacturers under section 116.9405 to
5.4determine if any Level 2 priority chemicals should be designated as Level 1 priority
5.5chemicals.
5.6EFFECTIVE DATE.This section is effective the day following final enactment.

5.7    Sec. 6. [116.9405] DISCLOSURE OF INFORMATION ON PRIORITY
5.8CHEMICALS.
5.9    Subdivision 1. Reporting of chemical use. Not later than 180 days after Level 1
5.10and Level 2 priority chemicals are identified under section 116.9404, any person who is a
5.11manufacturer or distributor of a children's product for sale in this state that contains a Level
5.121 or Level 2 priority chemical shall notify the agency of that fact in writing unless the
5.13children's product is exempt under section 116.9406. This written notice must identify the
5.14product, the number of units sold or distributed for sale in this state or nationally during the
5.15previous calendar year, and the priority chemical or chemicals contained in the product.
5.16    Subd. 2. Supplemental information. The manufacturer or distributor of a
5.17children's product that contains a Level 1 or Level 2 priority chemical shall provide the
5.18following additional information if requested by the agency:
5.19    (1) information on the likelihood that the chemical will be released from the
5.20children's product to the environment during the children's product's life cycle and the
5.21extent to which users of the children's product are likely to be exposed to the chemical;
5.22    (2) additional information regarding the potential for harm to human health from
5.23specific uses of the priority chemical; and
5.24    (3) an assessment of the availability, cost, feasibility, and performance, including
5.25potential for harm to human health of alternatives to the priority chemical and the reason
5.26the priority chemical is used in the manufacture of the children's product in lieu of
5.27identified alternatives. If an assessment acceptable to the agency is not timely submitted as
5.28determined by the agency, the agency may assess a fee on the manufacturer or distributor
5.29to cover the costs to prepare an independent report on the availability of safer alternatives
5.30by a contractor of the agency's choice.
5.31EFFECTIVE DATE.This section is effective the day following final enactment.

5.32    Sec. 7. [116.9406] APPLICABILITY.
5.33    The requirements of sections 116.9401 to 116.9408 do not apply to:
5.34    (1) chemicals in used children's products;
6.1    (2) priority chemicals used in the manufacturing process, but that are not present
6.2in the final product;
6.3    (3) priority chemicals used in agricultural production;
6.4    (4) motor vehicles as defined in chapter 168 or their component parts, except that the
6.5use of priority chemicals in detachable car seats is not exempt;
6.6    (5) priority chemicals generated solely as combustion by-products or that are present
6.7in combustible fuels;
6.8    (6) retailers, unless that retailer knowingly sells a children's product containing
6.9a priority chemical after the effective date of its prohibition, of which that retailer has
6.10received prior notification from a manufacturer, distributor, or the state;
6.11    (7) pharmaceutical products or biologics;
6.12    (8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
6.13States Code, title 21, section 321(h);
6.14    (9) food and food or beverage packaging, except a container containing baby food
6.15or infant formula;
6.16    (10) consumer electronics products and electronic components, including but not
6.17limited to personal computers; audio and video equipment; calculators; digital displays;
6.18wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
6.19devices used to access interactive software or their associated peripherals; or products that
6.20comply with the provisions of directive 2002/95/EC of the European Union, adopted by
6.21the European Parliament and Council of the European Union now or hereafter in effect; or
6.22    (11) "outdoor sport equipment," including snowmobiles as defined in section 84.81,
6.23subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal
6.24watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section
6.2586B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787,
6.26subdivision 7, and all attachments and repair parts for all of this equipment.
6.27EFFECTIVE DATE.This section is effective the day following final enactment.

6.28    Sec. 8. [116.9407] DONATIONS TO THE STATE.
6.29    The commissioners of health and pollution control may accept donations, grants,
6.30and other funds to carry out the purposes of sections 116.9401 to 116.9408. All such
6.31donations, grants, and other funds must be accepted without preconditions regarding the
6.32outcomes of the oversight processes set forth in sections 116.9401 to 116.9408.
6.33EFFECTIVE DATE.This section is effective the day following final enactment.

7.1    Sec. 9. [116.9408] PARTICIPATION IN INTERSTATE CHEMICALS
7.2CLEARINGHOUSE.
7.3    The agency may participate in an interstate chemicals clearinghouse to promote
7.4safer chemicals in consumer products in cooperation with other states, including the
7.5classification of chemicals in commerce; organizing and managing available data on
7.6chemicals, including information on uses, hazards, and environmental and health
7.7concerns; and producing and evaluating information on safer alternatives to specific uses
7.8of chemicals of concern.
7.9EFFECTIVE DATE.This section is effective the day following final enactment."
7.10Page 36, after line 18, insert:

7.11    "Sec. 45. REPORTS.
7.12    (a) By January 15, 2010, the Department of Health, in consultation with the Pollution
7.13Control Agency, shall report to the chairs and ranking minority members of the senate
7.14and house of representatives committees with primary jurisdiction over environment
7.15and natural resources policy, commerce, and public health regarding the progress on
7.16implementing Minnesota Statutes, sections 116.9401 to 116.9408.
7.17    (b) By January 15, 2010, the Pollution Control Agency shall report to the chairs and
7.18ranking minority members of the senate and house of representatives committees with
7.19primary jurisdiction over environment and natural resources policy, commerce, and public
7.20health on the agency's plans to implement Minnesota Statutes, section 116.9405, and
7.21assess mechanisms to reduce and phase out the use of priority chemicals in children's
7.22products, including potential funding mechanisms. The report must include information
7.23on the progress of other states in reducing toxic chemicals in children's products and
7.24recommend ways to promote product design that incorporates the principles of green
7.25chemistry and life cycle analysis in order to protect public health and the environment.
7.26In developing the report, the agency may consult outside experts and groups working to
7.27reduce toxic chemicals in children's products in Minnesota and nationally."
7.28Renumber the sections in sequence and correct the internal references
7.29Amend the title accordingly