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S.F. No. 1099 - Regulation of Chemicals of High Concern in Children’s Products
 
Author: Senator Ann H. Rest
 
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: March 10, 2015



 

S.F. No. 1099 provides a process for manufacturers to report to the Pollution Control Agency (PCA) regarding priority chemicals contained in children’s products.

Section 1 provides that information related to priority chemicals that is submitted to the PCA is classified under sections 116.9403 to 116.9411.

Section 2 adds definitions for “contaminant,” “practical quantification limit,” and “product category.”

Section 3 requires any changes to the list of chemicals of high concern to be published on the Department of Health's Web site and in the State Register.

Section 4 requires any changes to the list of priority chemicals to be published on the Department of Health's Web site and in the State Register.  Makes the changes subject to a minimum 60-day public comment period.  Requires a final list to be published on the Department of Health's Web site and in the State Register after the Department of Health's review and consideration of public comments.

Section 5 removes food and food or beverage packaging from the excluded products list. Excludes a manufacturer or distributor of a children’s product whose annual aggregate gross sales are under $100,000.  Expands the list of excluded products to include children’s products produced at a rate of less than 3,000 units per year.

Section 6 makes technical changes.

Section 7 specifies when manufacturers and distributors of children’s products must report certain information.  Provides that reported presence and concentration of a priority chemical in a children’s product are classified as public data and that publication by the agency is not misappropriation of a trade secret.  Specifies the information that must be submitted to the PCA when a priority chemical has been removed from a children’s product and the action the PCA must take following notification of removal.

Section 8 requires the PCA to collect certain fees from manufacturers and distributors of children’s products.  Requires the fees be deposited into an account in the special revenue fund.

Section 9 requires the PCA to enforce this act.

Section 10 allows the PCA, in consultation with the commissioners of commerce and health, to offer safer alternatives grants to manufacturers or other researchers.  Requires the commissioners of health and commerce to develop and implement education and outreach on priority chemicals in children’s products.  Requires the commissioners of the PCA, health, and commerce to report on the agency’s implementation of this act by January 15, 2018, and every three years thereafter.

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