Minnesota Statutes 325F.071 – Flame-Retardant Chemicals; Prohibition
Subdivision 1.Definitions.
(a) For the purposes of this section, the following terms have the meanings given.
Terms Used In Minnesota Statutes 325F.071
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(b) “Child” means a person under 12 years of age.
(c) “Children’s product” means a product primarily designed or intended by a manufacturer to be used by or for a child, including any article used as a component of such a product, but excluding a food, beverage, dietary supplement, pharmaceutical product or biologic, children‘s toys that are subject to the most recent version of the American Society for Testing and Materials F963, Standard Consumer Safety Specification for Toy Safety, a medical device as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, § 321(h), products listed under section 116.9405, clauses (10) and (11), and products listed under sections 325F.03 and 325F.04.
(d) “Upholstered residential furniture” means furniture with padding, coverings, and cushions intended and sold for use in the home.
(e) “Mattress” means a mattress as defined in 16 C.F.R. § 1632.1.
(f) “Organohalogenated chemical” means any chemical that contains one or more carbon elements and one or more halogen elements, including fluorine, chlorine, bromine, or iodine.
(g) “Residential textile” means a textile designed for use in the home as a covering on windows or walls.
Subd. 2.Flame-retardant chemicals; prohibition.
(a) No manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state a children’s product, upholstered residential furniture, residential textile, or mattress containing, in amounts greater than 1,000 parts per million in any product component, any organohalogenated flame retardant chemical.
(b) No retailer may sell or offer for sale or use in this state a children’s product, upholstered residential furniture, residential textile, or mattress containing in amounts greater than 1,000 parts per million in any product component the flame retardant chemicals listed in paragraph (a).
(c) The sale or offer for sale of any previously owned product containing a chemical restricted under this section is exempt from the provisions of this section.
Subd. 2a.Exemptions.
The following are exempt from the provisions of this section:
(1) the sale or offer for sale of any previously owned product containing a chemical restricted under this section;
(2) an electronic component of a children’s product, mattress, upholstered residential furniture, or residential textile or any associated casing;
(3) a children’s product, mattress, upholstered residential furniture, or residential textile for which there is a federal or national flammability standard;
(4) thread or fiber when used for stitching mattress components together; or
(5) components of an adult mattress other than foam. As used in this clause, “adult mattress” means a mattress other than toddler mattress, crib mattress, or other infant sleep product.
Subd. 2b.Exception.
The prohibitions in subdivision 2 do not apply to a flame retardant that:
(1) is a polymeric material in accordance with the criteria in 40 C.F.R. § 723.250, or is chemically reacted to form a polymeric material with the materials it is intended to protect; or
(2) has a determination of safety under United States Code, title 15, § 2604, subsection (a), paragraph (3), subparagraph (C), or under United States Code, title 15, § 2605, subsection (b), paragraph (4).
Subd. 3.Flame-retardant chemicals; replacement chemicals.
A manufacturer shall not replace a chemical whose use is prohibited under this section with a chemical identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to:
(1) harm the normal development of a fetus or child or cause other developmental toxicity;
(2) cause cancer, genetic damage, or reproductive harm;
(3) disrupt the endocrine or hormone system; or
(4) damage the nervous system, immune system, or organs, or cause other systemic toxicity.