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.
1.5 BE 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
1.8 meanings 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
1.11 include 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.
2.1 Subd. 2.Prohibition. (a) Except as provided in paragraph (d), beginning January 1,
2.2 2027, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or
2.3 distribute for use in the state a cosmetic that contains any of the following intentionally
2.4 added chemicals or chemical classes:
2.5 (1) ortho-phthalates;
2.6 (2) formaldehyde (CAS 50-00-0) and chemicals determined by the commissioner to
2.7 release 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
2.13 may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in
2.14 the state a cosmetic that contains intentionally added lead or lead compounds (CAS
2.15 7439-92-1) at two parts per million or above.
2.16 (c) Except as provided in paragraph (d), beginning January 1, 2027, no person may
2.17 manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the
2.18 state a cosmetic that contains intentionally added lead or lead compounds (CAS 7439-92-1)
2.19 at 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
2.23 retailer'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
2.25 product also contains drug ingredients regulated by the United States Food and Drug
2.26 Administration.
2.27 Subd. 3.Other chemicals. By July 1, 2026, the commissioner, in consultation with the
2.28 commissioner of health, must use existing information to identify and assess the hazards of
2.29 chemicals or chemical classes that provide the same or similar function in cosmetics as the
2.30 chemicals or chemical classes in subdivision 2, paragraph (a), and that may adversely impact
2.31 vulnerable populations. The commissioner must make the information publicly available.
3.1 Subd. 4.Small business initiatives. (a) By July 1, 2026, the commissioner must
3.2 implement an initiative to support small businesses that manufacture cosmetics in efforts
3.3 to obtain voluntary environmental health certifications for cosmetics implemented by the
3.4 United States Environmental Protection Agency or other programs, as determined by the
3.5 commissioner, that are designed to identify cosmetics that do not contain identified hazards.
3.6 The 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
3.11 independent cosmetologists and small businesses that provide cosmetology services, such
3.12 as beauty salons, in efforts to transition to using safer cosmetics. The initiative may include
3.13 but 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
3.17 containing toxic chemicals, implement disposal programs, and use safer products.
3.18 Subd. 5.Rulemaking. (a) The commissioner may adopt rules as necessary to implement,
3.19 administer, and enforce this section.
3.20 (b) The commissioner must adopt rules to establish a list of chemicals that are used in
3.21 cosmetics 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
3.27 more than ten of the listed chemicals that are used in cosmetics and that release formaldehyde.
3.28 The 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
3.30 release formaldehyde may take effect on or after January 1, 2029.
4.1 (e) The commissioner may adopt additional rules after January 1, 2029, including
4.2 developing supplemental lists of chemicals that release formaldehyde and adopting additional
4.3 restrictions.
4.4 (f) Before beginning rulemaking under this section, the commissioner must engage with
4.5 relevant stakeholders to ensure the availability of adequate expertise and input. The
4.6 stakeholder process must include but is not limited to soliciting input from representatives
4.7 of independent cosmetologists; small businesses offering cosmetology services, such as
4.8 beauty salons; and small-business manufacturers of cosmetics. The input received from
4.9 stakeholders must be considered when adopting rules.
4.10 Subd. 6.Enforcement. (a) A manufacturer that produces a product or imports or
4.11 domestically distributes a product in or into the state in violation of this section, a rule
4.12 adopted under this section, or an order issued by the commissioner is subject to a civil
4.13 penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers
4.14 who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat
4.15 offense.
4.16 (b) The commissioner may enforce this section under sections 115.071 and 116.072.
4.17 The commissioner may coordinate with the commissioners of commerce and health in
4.18 enforcing this section.
4.19 (c) When requested by the commissioner, a person must furnish to the commissioner
4.20 any information that the person may have or may reasonably obtain that is relevant to show
4.21 compliance with this section.
4.22 (d) All penalties collected under this section must be deposited in the environmental
4.23 fund.
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
4.26 of 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;
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.
