Minnesota Session Laws - 2013, Regular Session

CHAPTER 71--H.F.No. 459

An act

relating to children's health; prohibiting sale of children's food containers containing bisphenol-A;

proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.174] BISPHENOL-A IN CHILDREN'S FOOD CONTAINERS. new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin (a) Beginning August 1, 2014, no manufacturer or wholesaler may knowingly sell or offer for sale in this state infant formula, baby food, or toddler food stored in a container that contains intentionally added bisphenol-A. new text end

new text begin (b) Beginning August 1, 2015, no retailer may knowingly sell or offer for sale in this state infant formula, baby food, or toddler food stored in a container that contains intentionally added bisphenol-A. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings given. new text end

new text begin (a) "Baby food" means a prepared solid food consisting of a soft paste or an easily chewed food that is primarily intended for consumption by children two years of age or younger and is commercially available. new text end

new text begin (b) "Container" means a receptacle, box, can, or jar, including a lid, that is in direct physical contact with a children's food. new text end

new text begin (c) "Infant formula" means a liquid or powder that purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk. new text end

new text begin (d) "Toddler food" means any food or beverage, other than baby food or infant formula, that is primarily intended for consumption by children under three years of age. For purposes of this section, toddler food in can containers is not included in this definition. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

new text begin [325F.175] BISPHENOL-A REPLACEMENT CHEMICALS. new text end

new text begin Beginning August 1, 2014, a manufacturer shall not replace a chemical the use of which is prohibited in section 325F.174 with a chemical known to the manufacturer to have been 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: new text end

new text begin (1) harm the normal development of a fetus or child or cause other developmental toxicity; new text end

new text begin (2) cause cancer, genetic damage, or reproductive harm; new text end

new text begin (3) disrupt the endocrine or hormone system; or new text end

new text begin (4) damage the nervous system, immune system, or organs, or cause other systemic toxicity. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor May 13, 2013

Signed by the governor May 16, 2013, 5:41 p.m.