1.1.................... moves to amend H.F. No. 3158, the delete everything amendment
1.2(H3158DE1), as follows:
1.3Page 3, after line 24, insert:
1.4"
$335,000 in 2015 is for costs incurred
1.5implementing Minnesota Statutes, sections
1.6116.9401 to 116.9425 as contained in this
1.7act."
1.8Page 6, after line 13, insert:
1.9 "Sec. 2. Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
1.10 Subd. 8.
Pollution Control Agency. (a)
Hazardous waste generators.
1.11Information provided by hazardous waste generators under section
473.151 and for which
1.12confidentiality is claimed is governed by section
116.075, subdivision 2.
1.13(b)
Tests. Trade secret information made available by applicants for certain projects
1.14of the Pollution Control Agency is classified under section
116.54.
1.15(c) Priority chemicals. Information submitted to the Pollution Control Agency
1.16related to priority chemicals in children's products is classified under section 116.9403."
1.17Page 14, after line 21, insert:
1.18 "Sec. 21. Minnesota Statutes 2012, section 116.9401, is amended to read:
1.19116.9401 DEFINITIONS.
1.20(a) For the purposes of sections
116.9401 to
116.9407 116.9425, the following terms
1.21have the meanings given them.
1.22(b) "Agency" means the Pollution Control Agency.
1.23(c) "Alternative" means a substitute process, product, material, chemical, strategy,
1.24or combination of these that is technically feasible and serves a functionally equivalent
1.25purpose to a chemical in a children's product.
2.1(d) "Chemical" means a substance with a distinct molecular composition or a group
2.2of structurally related substances and includes the breakdown products of the substance or
2.3substances that form through decomposition, degradation, or metabolism.
2.4(e) "Chemical of high concern" means a chemical identified on the basis of credible
2.5scientific evidence by a state, federal, or international agency as being known or suspected
2.6with a high degree of probability to:
2.7(1) harm the normal development of a fetus or child or cause other developmental
2.8toxicity;
2.9(2) cause cancer, genetic damage, or reproductive harm;
2.10(3) disrupt the endocrine or hormone system;
2.11(4) damage the nervous system, immune system, or organs, or cause other systemic
2.12toxicity;
2.13(5) be persistent, bioaccumulative, and toxic; or
2.14(6) be very persistent and very bioaccumulative.
2.15(f) "Child" means a person under 12 years of age.
2.16(g) "Children's product" means a consumer product intended for use by children,
2.17such as baby products, toys, car seats, personal care products, and clothing.
2.18(h) "Commissioner" means the commissioner of the Pollution Control Agency.
2.19(i)
"Contaminant" means a trace amount of a chemical that is incidental to
2.20manufacturing and serves no intended function in the product component. Contaminant
2.21includes, but is not limited to, unintended by-products of chemical reactions that
2.22occur during the manufacture of the product component, trace impurities in feedstock,
2.23incompletely reacted chemical mixtures, and degradation products.
2.24(j) "Department" means the Department of Health.
2.25(j) (k) "Distributor" means a person who sells consumer products to retail
2.26establishments on a wholesale basis.
2.27(k) (l) "Green chemistry" means an approach to designing and manufacturing
2.28products that minimizes the use and generation of toxic substances.
2.29(m) "Intentionally added chemical" means a chemical in a product that serves an
2.30intended function in the product component.
2.31(l) (n) "Manufacturer" means any person who manufactures a final consumer product
2.32sold at retail or whose brand name is affixed to the consumer product. In the case of a
2.33consumer product imported into the United States, manufacturer includes the importer
2.34or domestic distributor of the consumer product if the person who manufactured or
2.35assembled the consumer product or whose brand name is affixed to the consumer product
2.36does not have a presence in the United States.
3.1(o) "Mouthable" means a product that can be placed into and kept in a child's
3.2mouth to be sucked or chewed, including any product or product part smaller than five
3.3centimeters in one dimension. A product that can only be licked is not mouthable.
3.4(p) "Practical quantification limit" means the lowest concentration of a chemical that
3.5can be reliably measured within specified limits of precision, accuracy, representativeness,
3.6completeness, and comparability under routine laboratory operating conditions and the
3.7value of which:
3.8(1) is based on scientifically defensible, standard analytical methods;
3.9(2) may vary depending on the matrix and analytical method used; and
3.10(3) will be determined by the commissioner, taking into consideration practical
3.11quantification limits established by federal or state agencies.
3.12(m) (q) "Priority chemical" means a chemical identified by the Department of Health
3.13as a chemical of high concern that meets the criteria in section
116.9403.
3.14(r) "Product category" means the brick level of the GS1 Global Product Classification
3.15(GPC) standard, which identifies products that serve a common purpose, are of a similar
3.16form and material, and share the same set of category attributes.
3.17(s) "Product code" means the numeric representation of the item level of the
3.18GS1 electronic product code (EPC), the international article number (EAN), or the
3.19universal product code (UPC), whichever is used by a manufacturer to identify a unique
3.20company-specific or brand-specific product.
3.21(t) "Product component" means a uniquely identifiable material or coating including,
3.22but not limited to, an ink or dye that is intended to be included as a part of a finished
3.23children's product.
3.24(n) (u) "Safer alternative" means
:
3.25(1) an alternative whose potential to harm human health
or the environment is less
3.26than that of the use of a priority chemical that it could replace
.;
3.27(2) an alternative chemical that is not a priority chemical identified by the department
3.28under section 116.9403; or
3.29(3) an alternative chemical that is not identified on the basis of credible scientific
3.30evidence by a state, federal, or international agency as being known or suspected with
3.31a high degree of probability to:
3.32(i) harm the normal development of a fetus or child or cause other developmental
3.33toxicity;
3.34(ii) cause cancer, genetic damage, or reproductive harm;
3.35(iii) disrupt the endocrine or hormone system; or
4.1(iv) damage the nervous system, immune system, or organs, or cause other systemic
4.2toxicity.
4.3(v) "Toy" means a product designed or intended by the manufacturer to be used
4.4by a child at play.
4.5(w) "Trade association" means a membership organization of persons engaging
4.6in a similar or related line of commerce, organized to promote and improve business
4.7conditions in that line of commerce and not to engage in a regular business of a kind
4.8ordinarily carried on for profit.
4.9 Sec. 22. Minnesota Statutes 2012, section 116.9402, is amended to read:
4.10116.9402 IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
4.11(a) By July 1, 2010, the department shall, after consultation with the agency,
4.12generate a list of chemicals of high concern.
4.13(b) The department must periodically review and revise the list of chemicals of
4.14high concern at least every three years. The department may add chemicals to the list if
4.15the chemical meets one or more of the criteria in section
116.9401, paragraph (e).
Any
4.16changes to the list of chemicals of high concern must be published on the department's
4.17Web site and in the State Register when a change is made.
4.18(c) The department shall consider chemicals listed as a suspected carcinogen,
4.19reproductive or developmental toxicant, or as being persistent, bioaccumulative, and
4.20toxic, or very persistent and very bioaccumulative by a state, federal, or international
4.21agency. These agencies may include, but are not limited to, the California Environmental
4.22Protection Agency, the Washington Department of Ecology, the United States Department
4.23of Health, the United States Environmental Protection Agency, the United Nation's World
4.24Health Organization, and European Parliament Annex XIV concerning the Registration,
4.25Evaluation, Authorisation, and Restriction of Chemicals.
4.26(d) The department may consider chemicals listed by another state as harmful to
4.27human health or the environment for possible inclusion in the list of chemicals of high
4.28concern.
4.29 Sec. 23. Minnesota Statutes 2012, section 116.9403, is amended to read:
4.30116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.
4.31 Subdivision 1. Designation; publication. (a) The department, after consultation
4.32with the agency, may designate a chemical of high concern as a priority chemical if the
4.33department finds that the chemical:
5.1(1) has been identified as a high-production volume chemical by the United States
5.2Environmental Protection Agency; and
5.3(2) meets any of the following criteria:
5.4(i) the chemical has been found through biomonitoring to be present in human blood,
5.5including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
5.6(ii) the chemical has been found through sampling and analysis to be present in
5.7household dust, indoor air, drinking water, or elsewhere in the home environment; or
5.8(iii) the chemical has been found through monitoring to be present in fish, wildlife,
5.9or the natural environment.
5.10(b) By February 1, 2011, the department shall publish a list of priority chemicals in
5.11the State Register and on the department's Internet Web site and shall update the published
5.12list whenever a new priority chemical is designated.
Any proposed changes to the list
5.13of priority chemicals must be published on the department's Web site and in the State
5.14Register and will be subject to a minimum 60-day public comment period. In the 60 days
5.15following the date of publication in the State Register, the public may submit comments
5.16to the department on the proposed changes to the priority chemical list. A final list of
5.17changes to the list of priority chemicals must be published on the department's Web site
5.18following the end of the comment period and the department's review and consideration of
5.19all comments received during this period before finalizing changes to the list.
5.20 Subd. 2. Public data. Notwithstanding section 13.37, subdivision 2, the presence
5.21and concentration and total amount of a priority chemical in a specific children's product
5.22reported to the agency under section 116.9409, clauses (1) to (6), are classified as public
5.23data.
5.24 Subd. 3. Not misappropriation of trade secret. Notwithstanding section 325C.01,
5.25subdivision 3, publication of the presence and concentration and total amount of a priority
5.26chemical in a specific children's product under this section is not misappropriation of
5.27a trade secret.
5.28 Sec. 24. Minnesota Statutes 2012, section 116.9405, is amended to read:
5.29116.9405 APPLICABILITY EXEMPTIONS.
5.30The requirements of sections
116.9401 116.9408 to
116.9407 116.9425 do not
5.31apply to:
5.32(1) chemicals in
used previously owned children's products;
5.33(2) priority chemicals used in the manufacturing process, but that are not present
5.34in the final product;
5.35(3) priority chemicals used in agricultural production;
6.1(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
6.286B or their component parts, except that the use of priority chemicals in detachable
6.3car seats is not exempt;
6.4(5) priority chemicals generated solely as combustion by-products or that are present
6.5in combustible fuels; in combustible petroleum fuels or in biofuel, as defined in section
6.6239.051, subdivision 5a;
6.7(6) retailers
, except if a retailer is also the producer, manufacturer, importer, or
6.8domestic distributor of a children's product containing a priority chemical or the retailer's
6.9brand name is affixed to a children's product containing a priority chemical;
6.10(7)
over-the-counter drugs, pharmaceutical products
, dietary supplements, or
6.11biologics;
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(10) interactive software, such as computer games, and their storage media, such as
6.23compact discs;
6.24 (11) outdoor sport equipment, including snowmobiles as defined in section
84.81,
6.25subdivision 3; all-terrain vehicles as defined in section
84.92, subdivision 8; personal
6.26watercraft as defined in section
86B.005, subdivision 14a; watercraft as defined in section
6.2786B.005, subdivision 18
; and off-highway motorcycles, as defined in section
84.787,
6.28subdivision 7, and all attachments and repair parts for all of this equipment
.;
6.29(12) batteries; or
6.30 (13) a children's product, manufactured or distributed by an individual manufacturer
6.31or distributor, if fewer than 3,000 units of the children's product are manufactured or
6.32distributed annually in the United States by that manufacturer.
6.33 Sec. 25. Minnesota Statutes 2012, section 116.9406, is amended to read:
6.34116.9406 DONATIONS TO THE STATE.
7.1The commissioner may accept donations, grants, and other funds to carry out the
7.2purposes of sections
116.9401 to
116.9407 116.9425. All donations, grants, and other
7.3funds must be accepted without preconditions regarding the outcomes of the regulatory
7.4oversight processes set forth in sections
116.9401 to
116.9407 116.9425.
7.5 Sec. 26.
[116.9408] CHILDREN'S PRODUCTS; INITIAL NOTIFICATION
7.6ON PRIORITY CHEMICALS.
7.7(a) A manufacturer or distributor of a children's product offered for sale in this state
7.8that contains a priority chemical must, unless the children's product is not subject to
7.9regulation under section 116.9405, provide the information required under this section
7.10to the agency:
7.11(1) within one year of the effective date of this act, if both the designation of the
7.12priority chemical under section 116.9403 and the offering for sale in this state of the
7.13children's product containing the priority chemical occurred prior to the effective date
7.14of this act;
7.15(2) within one year of the priority chemical being designated under section 116.9403,
7.16if the children's product is initially offered for sale in this state before the designation and
7.17the designation is made after the effective date of this act; or
7.18(3) within one year of the initial offering of the children's product for sale in this
7.19state, if the initial offering occurs after the priority chemical is designated under section
7.20116.9403 and the designation is made after the effective date of this act.
7.21(b) An initial notification is required for each children's product that is known
7.22or believed likely to include a priority chemical in any amount and must include the
7.23following information submitted to the agency on a form developed by the commissioner:
7.24(1) the name of the priority chemical and its Chemical Abstracts Service Registry
7.25number;
7.26(2) in which of the following tiers the children's product containing a priority
7.27chemical belongs:
7.28 (i) Tier 1: a mouthable children's product intended to be used by children three years
7.29of age or younger or a children's product intended to be placed in a child's mouth or
7.30directly applied to a child's skin;
7.31 (ii) Tier 2: a children's product intended to be in direct contact with a child's skin for
7.32one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
7.33(iii) Tier 3: a children's product intended to be in direct contact with a child's skin
7.34for less than one hour; or
8.1(iv) Tier 4: a children's product in which a priority chemical is contained only in an
8.2internal component that, under normal use, is unlikely to come into direct contact with
8.3a child's skin or mouth;
8.4(3) a description of the product component in which the priority chemical is present;
8.5and
8.6(4) the name and address of the reporting manufacturer or distributor and the name,
8.7address, and telephone number of the contact person for the reporting manufacturer or
8.8distributor.
8.9 Sec. 27.
[116.9409] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
8.10INFORMATION ON PRIORITY CHEMICALS; TIMING.
8.11A manufacturer or distributor of a children's product offered for sale in this state
8.12that contains a priority chemical must, unless the children's product is not subject to
8.13regulation under section 116.9405, provide the full product information required under
8.14section 116.9410 to the agency. The maximum length of time between the filing of the
8.15information required under section 116.9408, paragraph (a), and the filing of full product
8.16information required under section 116.9410 varies according to the manufacturer's or
8.17distributor's annual aggregate gross sales, both within and outside the state, as reported in
8.18the manufacturer's or distributor's most recently filed federal tax return, as follows:
8.19(1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, one
8.20year or, for a priority chemical designated under section 116.9403 before January 1, 2014,
8.21by two years after the effective date of this section;
8.22(2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
8.23less than or equal to $1,000,000,000, 1-1/2 years or, for a priority chemical designated
8.24under section 116.9403 before January 1, 2014, by 2-1/2 years after the effective date
8.25of this section;
8.26(3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but less
8.27than or equal to $250,000,000, two years or, for a priority chemical designated under section
8.28116.9403 before January 1, 2014, by three years after the effective date of this section;
8.29(4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but
8.30less than or equal to $100,000,000, three years or, for a priority chemical designated
8.31under section 116.9403 before January 1, 2014, by four years after the effective date
8.32of this section;
8.33(5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
8.34than or equal to $5,000,000, four years or, for a priority chemical designated under section
8.35116.9403 before January 1, 2014, by five years after the effective date of this section; and
9.1(6) for a manufacturer or distributor with gross sales less than or equal to $100,000,
9.2five years or, for a priority chemical designated under section 116.9403 before January 1,
9.32014, by six years after the effective date of this section.
9.4 Sec. 28.
[116.9410] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
9.5INFORMATION ON PRIORITY CHEMICALS.
9.6(a) A manufacturer or distributor of a children's product offered for sale in the state
9.7that contains one or more priority chemicals must, except as provided in paragraph (e) or
9.8if the children's product is not subject to regulation under section 116.9405, provide the
9.9following full product information to the agency on a form developed by the commissioner:
9.10(1) the name of each priority chemical and its Chemical Abstracts Service Registry
9.11number;
9.12(2) in which of the following tiers the children's product containing a priority
9.13chemical belongs:
9.14(i) Tier 1: a mouthable children's product intended to be used by children three years
9.15of age or younger or a children's product intended to be placed in a child's mouth or
9.16directly applied to a child's skin;
9.17(ii) Tier 2: a children's product intended to be in direct contact with a child's skin for
9.18one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
9.19(iii) Tier 3: a children's product intended to be in direct contact with a child's skin
9.20for less than one hour; or
9.21(iv) Tier 4: a children's product in which a priority chemical is contained only in an
9.22internal component that, under normal use, is unlikely to come into direct contact with
9.23a child's skin or mouth;
9.24(3) the product components, materials, or coatings that contain one or more priority
9.25chemicals;
9.26(4) the concentration and total amount of each priority chemical contained in a
9.27children's product, a description of how the concentration was determined, and an
9.28evaluation of the accuracy of the determination. Concentrations at or above the practical
9.29quantification limit must be reported, but may be reported in the following ranges:
9.30(i) greater than or equal to the practical quantification limit but less than 100 ppm;
9.31(ii) greater than or equal to 100 ppm but less than 500 ppm;
9.32(iii) greater than or equal to 500 ppm but less than 1,000 ppm;
9.33(iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
9.34(v) greater than or equal to 5,000 ppm but less than 10,000 ppm; and
9.35(vi) greater than or equal to 10,000 ppm.
10.1For the purposes of this section, "ppm" means parts per million;
10.2 (5) the product category or categories for the children's product;
10.3(6) a description of the function of the priority chemical in the product, including
10.4whether it is present as a contaminant;
10.5 (7) the name and address of the manufacturer, distributor, or trade association filing
10.6the report and the name, address, and telephone number of the contact person for the
10.7reporting manufacturer, distributor, or trade association;
10.8(8) evidence describing the extent to which a child is likely to be exposed to the
10.9priority chemical through normal use of the children's product;
10.10(9) the number of units of the children's product sold or distributed in Minnesota
10.11or nationally;
10.12(10) any other information the manufacturer or distributor deems relevant; and
10.13(11) any other information requested by the commissioner.
10.14(b) Reporting shall include all intentionally added chemicals at or above the
10.15applicable practical quantification limit, and contaminants present in a product component
10.16at a concentration above 100 ppm.
10.17(c) Reporting parties are not required to include any specific formula information
10.18or the specific name and address of the facility that is responsible for introduction of a
10.19priority chemical into a children's product or product component.
10.20(d) If the information required in paragraph (a) is not submitted in a timely fashion
10.21or is incomplete or otherwise unacceptable as determined by the agency, the agency may
10.22contract with an independent third party of the agency's choice to provide the information
10.23and may assess a fee on the manufacturer or distributor to pay the costs as specified
10.24under section 116.9419.
10.25(e) The agency shall determine on a case-by-case basis if reporting the information
10.26in paragraph (a), clauses (3) to (9), is required by a manufacturer or distributor whose
10.27children's product belongs in Tier 4 under paragraph (a), clause (2).
10.28(f) If a manufacturer claims that any of the information provided to the agency under
10.29this section is trade secret information under section 13.37, subdivision 1, the agency shall
10.30make a determination regarding the claim. Information determined to be public data shall
10.31be posted on the agency's Web site. This paragraph does not apply to the presence and
10.32concentration and total amount of a priority chemical in a specific children's product,
10.33which is governed under section 116.9403, subdivisions 2 and 3.
10.34(g) A trade association may file the information required under this section on behalf
10.35of a manufacturer or distributor, provided that the trade association includes in the filing a
11.1list of the manufacturers or distributors on whose behalf the trade association is reporting
11.2and all the information otherwise required of an individual manufacturer or distributor.
11.3 Sec. 29.
[116.9411] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
11.4INFORMATION ON PRIORITY CHEMICALS; SECOND AND SUBSEQUENT
11.5REPORTS.
11.6(a) Following the initial submission of the information required under section
11.7116.9410, a manufacturer or distributor of a children's product offered for sale in the state
11.8that continues to contain a priority chemical must submit the information required under
11.9section 116.9410 to the agency every two years.
11.10(b) If a reporting party determines that there has been no change in the information
11.11required to be filed under section 116.9410 since the most recent filing, the reporting party
11.12may submit a written statement indicating that the previously filed data is still valid, in
11.13lieu of a new duplicate complete report, and must submit the required fees.
11.14(c) If a manufacturer or distributor is required to file more than one report under
11.15section 116.9410 on the same priority chemical in the same children's product code, each
11.16subsequent report must include the following information in addition to the information
11.17required under section 116.9410:
11.18(1) the product code of the children's product; and
11.19(2) a description of the manufacturer's attempts to remove the priority chemical
11.20from the children's product and any evaluation made of the use of safer alternatives to
11.21substitute for the priority chemical contained in the children's product, including the
11.22Chemical Abstracts Service Registry numbers of safer alternatives considered. If the
11.23manufacturer claims that any information provided to the agency under this clause is
11.24trade secret information under section 13.37, subdivision 1, the agency shall make a
11.25determination regarding the claim.
11.26 Sec. 30.
[116.9412] CHILDREN'S PRODUCTS; REMOVING A PRIORITY
11.27CHEMICAL; REPORTING REQUIREMENT.
11.28A manufacturer or distributor who removes a priority chemical from a children's
11.29product for which an initial notification has been filed under section 116.9408 or for which
11.30full product information has been filed under section 116.9410 must notify the agency
11.31of the removal at the earliest date possible. If the priority chemical removed is replaced
11.32by a safer alternative, the manufacturer or distributor must provide, on a form developed
11.33by the commissioner, the information in section 116.9410, paragraph (a), clauses (1) to
11.34(7), and the name of the safer alternative and its Chemical Abstracts Service Registry
12.1number, or, if not replaced by a chemical alternative, a description of the techniques or
12.2design changes implemented. The safer alternative or nonchemical techniques or design
12.3changes are trade secrets.
12.4 Sec. 31.
[116.9419] FEES.
12.5(a) The agency shall, if applicable, assess and collect the following fees from
12.6manufacturers and distributors of children's products offered for sale in this state:
12.7(1) a fee of $1,000 for each full product report required under section 116.9410. If
12.8a children's product contains more than one priority chemical, each priority chemical is
12.9subject to this fee;
12.10(2) a fee equal to the costs billed by the independent contractor plus the agency's
12.11actual incurred costs to bid and administer the contract for each contract issued under
12.12section 116.9410, paragraph (d); and
12.13(3) a fee equal to twice the fee in clause (1) for the second full product report
12.14required under section 116.9410 on the same priority chemical in the same children's
12.15product. The fee for each subsequent full product report required under that section is
12.16correspondingly increased by an amount equal to the fee in clause (1).
12.17(b) No fee is required for filing an initial notification under section 116.9408.
12.18(c) The commissioner shall deposit all fees collected under this section in the
12.19environmental fund. All fees collected under this section are exempt from section
12.2016A.1285.
12.21 Sec. 32.
[116.9420] STATE AGENCY DUTIES.
12.22(a) The agency shall publish all data that is required to be filed under sections
12.23116.9410 and 116.9411 and that is not trade secret data on the agency's Web site and
12.24through other means determined by the commissioner.
12.25(b) If a priority chemical continues to be used in a specific children's product after
12.26its manufacturer files a report required under section 116.9411, the commissioner may
12.27recommend options to further reduce or eliminate the use of the priority chemical in the
12.28report required under section 116.9425.
12.29(c) The commissioner, in consultation with the commissioners of commerce and
12.30health, may use fee revenue in excess of program implementation costs to offer grants
12.31awarded competitively to manufacturers or other researchers to develop safer alternatives
12.32to priority chemicals in children's products, to establish alternatives as safer alternatives,
12.33or to accelerate the commercialization of safer alternatives.
13.1(d) The commissioners of health and commerce shall develop and implement
13.2an education effort regarding priority chemicals in children's products. Education and
13.3outreach activities include, but are not limited to, consumer product safety advice;
13.4notification of recalls; identification of target audiences for product alerts and methods
13.5of notification; outreach and feedback at county and state fairs; publicity of reporting
13.6requirements of priority chemicals in children's products; and education of retailers about
13.7reporting requirements.
13.8 Sec. 33.
[116.9423] ENFORCEMENT.
13.9The agency shall enforce sections 116.9401 to 116.9424 and rules adopted
13.10thereunder in the manner provided by section 115.071, subdivisions 1, 3, 4, 5, and 6.
13.11Section 115.071, subdivision 2, does not apply to violations of sections 116.9401 to
13.12116.9424 and rules adopted thereunder.
13.13 Sec. 34.
[116.9424] RULES.
13.14The commissioner or the commissioner of commerce may adopt rules as necessary
13.15to implement, administer, and enforce sections 116.9401 to 116.9425.
13.16 Sec. 35.
[116.9425] REPORT.
13.17By November 15, 2015, and every three years thereafter, the commissioners of the
13.18Pollution Control Agency, health, and commerce shall report to the legislative committees
13.19with jurisdiction over environment and natural resources, commerce, and public health
13.20on the implementation of sections 116.9401 to 116.9424."
13.21Renumber the sections in sequence and correct the internal references
13.22Amend the title accordingly
13.23Adjust amounts accordingly