1.1 A bill for an act
1.2 relating to consumer safety; modifying requirements for products containing lead
1.3 or cadmium; prohibiting sale of menstrual products containing arsenic or chemicals
1.4 of high concern; requiring certain labeling and testing for menstrual products;
1.5 requiring rulemaking; amending Minnesota Statutes 2024, section 325E.3892,
1.6 subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter
1.7 325E.
1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
1.10 Subdivision 1.Definitions. For purposes of this section, "covered product" means any
1.11 of the following products or product components:
1.12 (1) jewelry;
1.13 (2) toys;
1.14 (3) cosmetics and personal care products;
1.15 (4) puzzles, board games, card games, and similar games;
1.16 (5) play sets and play structures;
1.17 (6) outdoor games;
1.18 (7) school supplies;
1.19 (8) pots and pans;
1.20 (9) cups, bowls, and other food containers;
1.21 (10) craft supplies and jewelry-making supplies;
2.1 (11) chalk, crayons, paints, and other art supplies;
2.2 (12) fidget spinners;
2.3 (13) costumes, costume accessories, and children's and seasonal party supplies;
2.4 (14) keys, key chains, and key rings; and
2.5 (15) clothing, footwear, headwear, and accessories; and
2.6 (16) menstrual products.
2.7 Sec. 2. Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read:
2.8 Subd. 2.Prohibition; additional product categories. (a) A person must not import,
2.9 manufacture, sell, hold for sale, or distribute or offer for use in this state any covered product
2.10 containing:
2.11 (1) lead at more than 0.009 percent by total weight (90 parts per million); or
2.12 (2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
2.13 (b) This section does not apply to covered products containing lead or cadmium, or both,
2.14 when regulation is preempted by federal law.
2.15 (c) The commissioner of the Pollution Control Agency may by rule identify additional
2.16 products by category or use that may not be sold, offered for sale, or distributed for sale in
2.17 this state if they contain lead and may designate effective dates. A prohibition adopted under
2.18 this paragraph must be effective no earlier than January 1, 2027, and no later than January
2.19 1, 2032. The commissioner must prioritize prohibiting sale of product categories that, in
2.20 the commissioner's judgment, are most likely to contaminate or harm the state's environment
2.21 and natural resources if they contain lead. The 18-month time limit under section 14.125
2.22 does not apply to rulemaking authority under this paragraph.
2.23 Sec. 3. [325E.3893] ARSENIC AND CHEMICALS OF HIGH CONCERN IN
2.24 CONSUMER PRODUCTS; MENSTRUAL PRODUCTS.
2.25 Subdivision 1.Prohibition; additional product categories. (a) A person must not
2.26 import, manufacture, sell, hold for sale, or distribute or offer for use in this state any
2.27 menstrual products containing:
2.28 (1) arsenic; or
2.29 (2) chemicals of high concern as defined in section 116.9401.
3.1 (b) A manufacturer must notify any person who sells or offers for sale a menstrual
3.2 product prohibited under this section or section 325E.3892 that the sale of that product is
3.3 prohibited in the state and must provide the commissioner of commerce or attorney general
3.4 with a list of the names and addresses of those notified.
3.5 (c) The commissioner of commerce may notify any person who sells or offers for sale
3.6 a menstrual product prohibited under this section or section 325E.3892 that the sale of that
3.7 product is prohibited in the state.
3.8 (d) This section does not apply to products containing arsenic or chemicals of high
3.9 concern, or both, when regulation is preempted by federal law.
3.10 (e) The commissioner of the Pollution Control Agency may by rule identify additional
3.11 products by category or use that may not be sold, offered for sale, or distributed for sale in
3.12 this state if they contain arsenic or chemicals of high concern and may designate effective
3.13 dates. A prohibition adopted under this paragraph must be effective no earlier than January
3.14 1, 2027, and no later than January 1, 2032. The commissioner must prioritize prohibiting
3.15 the sale of product categories that, in the commissioner's judgment, are most likely to
3.16 contaminate or harm the state's environment and natural resources if they contain arsenic
3.17 or chemicals of high concern. The 18-month time limit under section 14.125 does not apply
3.18 to the rulemaking authority under this paragraph.
3.19 Subd. 2.Enforcement. (a) The commissioners of the Pollution Control Agency,
3.20 commerce, and health may coordinate to enforce this section. The commissioner of the
3.21 Pollution Control Agency or commerce may, with the attorney general, enforce any federal
3.22 restrictions on the sale of products containing arsenic or any chemical of high concern as
3.23 allowed under federal law. The commissioner of the Pollution Control Agency may enforce
3.24 this section under sections 115.071 and 116.072. The commissioner of commerce may
3.25 enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
3.26 325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
3.27 (b) When requested by the commissioner of the Pollution Control Agency, the
3.28 commissioner of commerce, or the attorney general, a person must furnish to the
3.29 commissioner or attorney general any information that the person may have or may
3.30 reasonably obtain that is relevant to show compliance with this section.
3.31 Sec. 4. [325E.3894] MENSTRUAL PRODUCT LABELING AND TESTING.
3.32 Subdivision 1.Labeling requirement. A manufacturer of a menstrual product sold,
3.33 offered for sale, or distributed in the state that contains intentionally added synthetic
4.1 ingredients must disclose on the label the synthetic ingredients contained in the menstrual
4.2 product.
4.3 Subd. 2.Menstrual product testing and certificate of compliance. (a) If the
4.4 commissioner of the Pollution Control Agency, the commissioner of commerce, or the
4.5 commissioner of health has reason to believe that a menstrual product contains lead in
4.6 violation of section 325E.3892, arsenic, or any chemical of high concern and the menstrual
4.7 product is being offered for sale in the state, the commissioner may direct the manufacturer
4.8 of menstrual products to provide the commissioner with test results within 30 days of the
4.9 request.
4.10 (b) If the menstrual product does not contain lead in violation of section 325E.3892,
4.11 arsenic, or any chemical of high concern, the manufacturer must provide the commissioner
4.12 with:
4.13 (1) the test results demonstrating the absence of lead in violation of section 325E.3892,
4.14 arsenic, or a chemical of high concern;
4.15 (2) a certificate attesting that the menstrual product does not contain lead in violation
4.16 of section 325E.3892, arsenic, or a chemical of high concern; and
4.17 (3) any other relevant information.
4.18 (c) If the menstrual product contains lead in violation of section 325E.3892, arsenic, or
4.19 a chemical of high concern, the manufacturer must provide the commissioner with test
4.20 results that show the amount of each chemical in the menstrual product, identified by its
4.21 Chemical Abstract Service Registry number and reported as an exact quantity determined
4.22 using commercially available analytical methods or as falling within a range approved for
4.23 reporting purposes by the commissioner or attorney general.
4.24 (d) The commissioner may extend the deadline for a manufacturer to submit the
4.25 information required under this subdivision if the commissioner determines that more time
4.26 is needed by the manufacturer to comply with the submission requirement.
4.27 Subd. 3.Enforcement. (a) The commissioners of the Pollution Control Agency,
4.28 commerce, and health may coordinate to enforce this section. The commissioner of the
4.29 Pollution Control Agency or commerce may, with the attorney general, enforce any federal
4.30 restrictions on the sale of products containing arsenic or any chemical of high concern as
4.31 allowed under federal law. The commissioner of the Pollution Control Agency may enforce
4.32 this section under sections 115.071 and 116.072. The commissioner of commerce may
5.1 enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
5.2 325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
5.3 (b) When requested by the commissioner of the Pollution Control Agency, the
5.4 commissioner of commerce, or the attorney general, a person must furnish to the
5.5 commissioner or attorney general any information that the person may have or may
5.6 reasonably obtain that is relevant to show compliance with this section.
5.7 Subd. 4.Fees. Notwithstanding section 16A.1283, the commissioners of the Pollution
5.8 Control Agency, commerce, and health may establish by rule a fee payable by a manufacturer
5.9 to the commissioner upon submission of the information required under subdivision 2 to
5.10 cover the agencies' reasonable costs to implement this section.
5.11 Subd. 5.Rules. The commissioners of the Pollution Control Agency, commerce, and
5.12 health must adopt joint rules necessary to implement this section. The 18-month time limit
5.13 under section 14.125 does not apply to rulemaking authority under this section.
