.................... moves to amend H.F. No. 326 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [325F.172] DEFINITIONS.
1.4 Subdivision 1. Scope. (a) For the purposes of sections 325F.172 to 325F.175, the
1.5following terms have the meanings given them.
1.6 Subd. 2. Child. "Child" means a person under three years of age.
1.7 Subd. 3. Children's product. (a) "Children's product" means a product, including
1.8containers used to contain infant formulas, designed or intended by a manufacturer to
1.9be used by a child:
1.10(1) as a toy;
1.11(2) to facilitate feeding; or
1.12(3) to be introduced into, or otherwise applied to, the human body or any part
1.13thereof, including any article used as a component of such a product.
1.14(b) "Children's product" does not include:
1.15(1) a "device" as defined in the federal Food, Drug, and Cosmetic Act, United States
1.16Code, title 21, section 321, paragraph (h); or
1.17(2) a container containing a food or beverage, except that a container containing
1.18infant formula is a "children's product."
1.19 Subd. 4. Container. "Container" means an airtight metal, glass, or plastic container
1.20or a container composed of a combination of these materials that contains a food or
1.22 Subd. 5. Infant formula. "Infant formula" has the meaning given in the Federal
1.23Food, Drug, and Cosmetic Act, United States Code, title 21, section 321, paragraph (z).
1.24EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. [325F.173] BISPHENOL-A IN CHILDREN'S PRODUCTS.
2.1(a) By January 1, 2010, no manufacturer may sell or offer for sale in this state a
2.2children's product that contains bisphenol-A, except that a manufacturer of infant formula
2.3sold in a container is not required to comply with this section until January 1, 2013.
2.4(b) This section does not apply to sale of a used children's product.
2.5EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 3. [325F.174] REPLACEMENT CHEMICALS.
2.7A manufacturer may not sell or offer for sale in Minnesota a children' product that,
2.8as a direct result of the prohibition in sections 325F.173, contains a chemical that is:
2.9(1) classified as "known to be a human carcinogen" or "reasonably anticipated to be
2.10a human carcinogen" in the most recent Report on Carcinogens published by the National
2.11Toxicology Program in the United States Department of Health and Human Services; or
2.12(2) identified by the federal Environmental Protection Agency as causing birth
2.13defects, hormone disruption, or harm to reproduction or development.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 4. [325F.175] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
2.16The Pollution Control Agency may participate in the establishment and
2.17implementation of a multistate clearinghouse to identify children's products containing
2.18bisphenol-A and to evaluate safer alternatives that may be substituted for that chemical.
2.19EFFECTIVE DATE.This section is effective the day following final enactment.