1.1.................... moves to amend H.F. No. 605 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
1.4    Subd. 8. Pollution Control Agency. (a) Hazardous waste generators.
1.5Information provided by hazardous waste generators under section 473.151 and for which
1.6confidentiality is claimed is governed by section 116.075, subdivision 2.
1.7(b) Tests. Trade secret information made available by applicants for certain projects
1.8of the Pollution Control Agency is classified under section 116.54.
1.9(c) Priority chemicals. Trade secret information and other information submitted
1.10to the Pollution Control Agency related to priority chemicals in children's products are
1.11classified under sections 116.9403 to 116.9417.

1.12    Sec. 2. Minnesota Statutes 2012, section 116.9401, is amended to read:
1.13116.9401 DEFINITIONS.
1.14(a) For the purposes of sections 116.9401 to 116.9407 116.9423, the following terms
1.15have the meanings given them.
1.16(b) "Agency" means the Pollution Control Agency.
1.17(c) "Alternative" means a substitute process, product, material, chemical, strategy,
1.18or combination of these that is technically feasible and serves a functionally equivalent
1.19purpose to a chemical in a children's product.
1.20(d) "Chemical" means a substance with a distinct molecular composition or a group
1.21of structurally related substances and includes the breakdown products of the substance or
1.22substances that form through decomposition, degradation, or metabolism.
1.23(e) "Chemical of high concern" means a chemical identified on the basis of credible
1.24scientific evidence by a state, federal, or international agency as being known or suspected
1.25with a high degree of probability to:
2.1(1) harm the normal development of a fetus or child or cause other developmental
2.2toxicity;
2.3(2) cause cancer, genetic damage, or reproductive harm;
2.4(3) disrupt the endocrine or hormone system;
2.5(4) damage the nervous system, immune system, or organs, or cause other systemic
2.6toxicity;
2.7(5) be persistent, bioaccumulative, and toxic; or
2.8(6) be very persistent and very bioaccumulative.
2.9(f) "Child" means a person under 12 years of age.
2.10(g) "Children's product" means a consumer product intended for use by children,
2.11such as baby products, toys, car seats, personal care products, and clothing.
2.12(h) "Commissioner" means the commissioner of the Pollution Control Agency.
2.13(i) "Department" means the Department of Health.
2.14(j) "Distributor" means a person who sells consumer products to retail establishments
2.15on a wholesale basis.
2.16(k) "Green chemistry" means an approach to designing and manufacturing products
2.17that minimizes the use and generation of toxic substances.
2.18(l) "Manufacturer" means any person who manufactures a final consumer product
2.19sold at retail or whose brand name is affixed to the consumer product. In the case of a
2.20consumer product imported into the United States, manufacturer includes the importer
2.21or domestic distributor of the consumer product if the person who manufactured or
2.22assembled the consumer product or whose brand name is affixed to the consumer product
2.23does not have a presence in the United States.
2.24(m) "Mouthable" means a product that can be placed into and kept in a child's
2.25mouth to be sucked or chewed, including any product or product part smaller than five
2.26centimeters in one dimension. A product that can only be licked is not mouthable.
2.27(n) "Practical quantification limit (PQL)" means the lowest concentration of a
2.28chemical that can be reliably measured within specified limits of precision, accuracy,
2.29representativeness, completeness, and comparability under routine laboratory operating
2.30conditions, and whose value:
2.31(1) is based on scientifically defensible, standard analytical methods;
2.32(2) may vary depending on the matrix and analytical method used; and
2.33(3) will be determined jointly by the agency and the department, taking into
2.34consideration practical quantification limits established by federal or state agencies.
2.35(m) (o) "Priority chemical" means a chemical identified by the Department of Health
2.36as a chemical of high concern that meets the criteria in section 116.9403.
3.1(p) "Product category" means the "brick" level of the GS1 Global Product
3.2Classification (GPC) standard, which identifies products that serve a common purpose, are
3.3of a similar form and material, and share the same set of category attributes.
3.4(q) "Product component" means a uniquely identifiable material or coating,
3.5including, but not limited to, an ink or dye, that is intended to be included as a part of a
3.6finished children's product.
3.7(n) (r) "Safer alternative" means:
3.8(1) an alternative chemical that is not a priority chemical identified by the
3.9Department of Health in section 116.9403; or
3.10(2) an alternative chemical that is not identified on the basis of credible scientific
3.11evidence by a state, federal, or international agency as being known or suspected with
3.12a high degree of probability to:
3.13(i) harm the normal development of a fetus or child or cause other developmental
3.14toxicity;
3.15(ii) cause cancer, genetic damage, or reproductive harm;
3.16(iii) disrupt the endocrine or hormone system; or
3.17(iv) damage the nervous system, immune system, or organs, or cause other systemic
3.18toxicity.

3.19    Sec. 3. Minnesota Statutes 2012, section 116.9403, is amended to read:
3.20116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.
3.21    Subdivision 1. Designation; publication. (a) The department, after consultation
3.22with the agency, may designate a chemical of high concern as a priority chemical if the
3.23department finds that the chemical:
3.24(1) has been identified as a high-production volume chemical by the United States
3.25Environmental Protection Agency; and
3.26(2) meets any of the following criteria:
3.27(i) the chemical (2) has been found through biomonitoring to be present in human
3.28blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
3.29(ii) the chemical (3) has been found through sampling and analysis to be present in
3.30household dust, indoor air, drinking water, or elsewhere in the home environment; or
3.31(iii) the chemical (4) has been found through monitoring to be present in fish,
3.32wildlife, or the natural environment.
3.33(b) By February 1, 2011, the department shall publish a list of priority chemicals in
3.34the State Register and on the department's Internet Web site and shall update the published
3.35list whenever a new priority chemical is designated.
4.1    Subd. 2. Public data. Notwithstanding section 13.37, subdivision 2, identification
4.2of a chemical that is trade secret information as a priority chemical through designation or
4.3publication under this section is classified as public data.
4.4    Subd. 3. Not misappropriation of trade secret. Notwithstanding section 325C.01,
4.5subdivision 3, designation or publication of the identity of a priority chemical under this
4.6section is not misappropriation of a trade secret.

4.7    Sec. 4. Minnesota Statutes 2012, section 116.9405, is amended to read:
4.8116.9405 APPLICABILITY.
4.9The requirements of sections 116.9401 to 116.9407 116.9423 do not apply to:
4.10(1) chemicals in used previously owned children's products;
4.11(2) priority chemicals used in the manufacturing process, but that are not present
4.12in the final product;
4.13(3) priority chemicals used in agricultural production;
4.14(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
4.1586B or their component parts, except that the use of priority chemicals in detachable
4.16car seats is not exempt;
4.17(5) priority chemicals generated solely as combustion by-products or that are present
4.18in combustible fuels;
4.19(6) retailers;
4.20(7) pharmaceutical products or biologics;
4.21(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
4.22States Code, title 21, section 321(h);
4.23(9) food and food or beverage packaging, except a container containing baby food
4.24or infant formula;
4.25(10) consumer electronics products and electronic components, including but not
4.26limited to personal computers; audio and video equipment; calculators; digital displays;
4.27wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
4.28devices used to access interactive software or their associated peripherals; or products that
4.29comply with the provisions of directive 2002/95/EC of the European Union, adopted by
4.30the European Parliament and Council of the European Union now or hereafter in effect; or
4.31    (11) (10) outdoor sport equipment, including snowmobiles as defined in section
4.3284.81 , subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8;
4.33personal watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined
4.34in section 86B.005, subdivision 18; and off-highway motorcycles, as defined in section
4.3584.787 , subdivision 7, and all attachments and repair parts for all of this equipment; or
5.1    (11) a children's product, the annual production of which is less than 3,000 units.

5.2    Sec. 5. Minnesota Statutes 2012, section 116.9406, is amended to read:
5.3116.9406 DONATIONS TO THE STATE.
5.4The commissioner may accept donations, grants, and other funds to carry out the
5.5purposes of sections 116.9401 to 116.9407 116.9423. All donations, grants, and other
5.6funds must be accepted without preconditions regarding the outcomes of the regulatory
5.7oversight processes set forth in sections 116.9401 to 116.9407 116.9423.

5.8    Sec. 6. [116.9408] CHILDREN'S PRODUCTS; REPORTING INFORMATION
5.9ON PRIORITY CHEMICALS; TIMING.
5.10A manufacturer or distributor of a children's product offered for sale in this state that
5.11contains a priority chemical must, unless the children's product is not subject to regulation
5.12under section 116.9405, provide the information required under section 116.9409 to the
5.13agency. The maximum length of time between the designation of a priority chemical
5.14under section 116.9403 and the time the information required under section 116.9409
5.15must be submitted to the agency varies according to the manufacturer's or distributor's
5.16annual aggregate gross sales, both within and outside the state, as reported in their most
5.17recently filed federal tax return, as follows:
5.18(1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, one
5.19year, or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
5.20July 1, 2014;
5.21(2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
5.22less than or equal to $1,000,000,000, one and one-half years, or, for a priority chemical
5.23designated under section 116.9403 before July 1, 2011, by July 1, 2015;
5.24(3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but
5.25less than or equal to $250,000,000, two years, or, for a priority chemical designated under
5.26section 116.9403 before July 1, 2011, by July 1, 2015;
5.27(4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but less
5.28than or equal to $100,000,000, three years, or, for a priority chemical designated under
5.29section 116.9403 before July 1, 2011, by July 1, 2016;
5.30(5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
5.31than or equal to $5,000,000, four years, or, for a priority chemical designated under
5.32section 116.9403 before July 1, 2011, by July 1, 2017; and
6.1(6) for a manufacturer or distributor with gross sales below $100,000, five years,
6.2or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
6.3July 1, 2018.

6.4    Sec. 7. [116.9409] CHILDREN'S PRODUCTS; REPORTING INFORMATION
6.5ON PRIORITY CHEMICALS.
6.6(a) A manufacturer or distributor of a children's product offered for sale in the state
6.7that contains one or more priority chemicals must, except as provided in paragraph (d), or
6.8if the children's product is not subject to regulation under section 116.9405, provide the
6.9following information to the agency on a form developed by the commissioner:
6.10(1) each name of the priority chemical and its Chemical Abstracts Service Registry
6.11number;
6.12(2) in which of the following categories the children's product containing a priority
6.13chemical belongs:
6.14(i) Category 1: a mouthable children's product intended to be used by children three
6.15years of age or younger or a children's product intended to be placed in a child's mouth or
6.16directly applied to a child's skin;
6.17(ii) Category 2: a children's product intended to be in direct contact with a child's skin
6.18for one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
6.19(iii) Category 3: a children's product intended to be in direct contact with a child's
6.20skin for less than one hour; or
6.21(iv) Category 4: a children's product in which a priority chemical is contained only
6.22in an internal component that, under normal use, is unlikely to come into direct contact
6.23with a child's skin or mouth;
6.24(3) the product components, materials, or coatings that contain one or more priority
6.25chemicals;
6.26(4) the concentration and total amount of each priority chemical contained in a
6.27children's product, a description of how the concentration was determined, and an
6.28evaluation of the accuracy of the determination. Concentrations at or above the practical
6.29quantification limit must be reported, but may be reported in the following ranges:
6.30(i) greater than or equal to the practical quantification limit but less than 100 ppm;
6.31(ii) greater than or equal to 100 ppm but less than 500 ppm;
6.32(iii) greater than or equal to 500 ppm but less than 1,000 ppm;
6.33(iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
6.34(v) greater than or equal to 5,000 ppm but less than 10,000 ppm;
6.35(vi) greater than or equal to 10,000 ppm.
7.1For the purposes of this section, "ppm" means parts per million;
7.2    (5) the product category or categories for the children's product;
7.3    (6) the name and address of the reporting manufacturer and the name, address, and
7.4phone number of the contact person for the reporting manufacturer;
7.5(7) evidence describing the extent to which a child is likely to be exposed to the
7.6priority chemical through normal use of the children's product;
7.7(8) the number of units of the children's product sold or distributed in Minnesota
7.8or nationally;
7.9(9) any assessment of the use of safer alternatives to the priority chemical contained
7.10in the children's product;
7.11(10) any other information the manufacturer deems relevant; and
7.12(11) any other information requested by the commissioner.
7.13(b) If the information required in paragraph (a) is not submitted in a timely fashion
7.14or is incomplete or otherwise unacceptable as determined by the agency, the agency may
7.15contract with an independent third party of the agency's choice to provide the information
7.16and may assess a fee on the manufacturer or distributor to pay the costs as specified
7.17under section 116.9419.
7.18(c) Following the initial submission of the information required under paragraph
7.19(a), a manufacturer or distributor of a children's product offered for sale in the state that
7.20continues to contain a priority chemical must submit the information required under
7.21paragraph (a) to the agency every two years thereafter.
7.22(d) The department shall determine on a case-by-case basis if reporting the
7.23information in paragraph (a), clauses (3) to (8), is required by a manufacturer whose
7.24children's product belongs in Category 4 under clause (2).
7.25(e) If the manufacturer claims that any of the information provided to the agency
7.26under this section is trade secret information under section 325C.01, subdivision 5, the
7.27agency shall make a determination regarding the claim under that section and section
7.2813.37, subdivision 1. Information determined to be public data will be posted on the
7.29agency's Web site. This paragraph does not apply to the identification of a chemical as a
7.30priority chemical, which is governed under section 116.9403, subdivisions 2 and 3.

7.31    Sec. 8. [116.9411] CHILDREN'S PRODUCTS; MANUFACTURER'S OR
7.32DISTRIBUTOR'S OPTIONS.
7.33A manufacturer or distributor of a children's product containing a priority chemical
7.34must:
8.1(1) obtain a determination from the commissioner under section 116.9413 that a
8.2child using the children's product is unlikely to be exposed to the priority chemical;
8.3(2) remove the priority chemical from the children's product;
8.4(3) discontinue offering the children's product for sale in the state; or
8.5(4) obtain a waiver from the commissioner under section 116.9417.

8.6    Sec. 9. [116.9413] CHILDREN'S PRODUCTS; EXPOSURE DETERMINATION.
8.7    Subdivision 1. Agency determination. Within 180 days following receipt of the
8.8information provided under section 116.9409, the agency shall determine whether a child
8.9is likely to be exposed to the priority chemical through normal use of the children's
8.10product. If the agency determines that exposure is likely to occur, the children's product
8.11must be prohibited from sale according to section 116.9415, unless the commissioner has
8.12approved a waiver under section 116.9417. In making the determination, the agency may
8.13request additional information regarding potential exposure to the priority chemical from
8.14the manufacturer or distributor of the children's product.
8.15    Subd. 2. Notice. Within 30 days of a determination of exposure under subdivision
8.161, the agency shall provide written notice of the determination to the manufacturer or
8.17distributor of the children's product containing a priority chemical.
8.18    Subd. 3. Inadequate response; contract option. If the additional information
8.19requested under subdivision 1 is not submitted by the manufacturer or distributor to the
8.20agency in a timely fashion or is incomplete or otherwise unacceptable, as determined by
8.21the agency, the agency may contract with an independent third party of the agency's choice
8.22to provide the information and may assess a fee on the manufacturer or distributor to pay
8.23the costs of providing the information, as specified in section 116.9419. If the priority
8.24chemical in question is claimed as a trade secret under section 325C.01, subdivision 5, any
8.25contract between the agency and a third party for information required under this section
8.26must stipulate that the trade secret status of the information be maintained.

8.27    Sec. 10. [116.9415] CHILDREN'S PRODUCTS; SALE PROHIBITION.
8.28    Subdivision 1. Notice of intention. Within 30 days of receiving the agency's
8.29notice of determination of exposure issued under section 116.9413, a manufacturer or
8.30distributor intending to seek a safer alternative to replace a priority chemical in a children's
8.31product must provide written notice of that fact to the commissioner. The notice must
8.32include an estimated timeline and outline of the stages of the safer alternative research
8.33and development process. The manufacturer or distributor must file a written report to
8.34the agency every three months, documenting activities in researching and developing a
9.1safer alternative. Material filed by a manufacturer or distributor under this subdivision is
9.2nonpublic data as defined in section 13.02, subdivision 9.
9.3    Subd. 2. Agency determination. (a) No later than 90 days after making a
9.4determination that a user of a children's product is likely to be exposed to a priority chemical
9.5through normal use of the children's product, the commissioner shall, after considering the
9.6information provided by the manufacturer or distributor under subdivision 1, if applicable,
9.7specify a date, no less than 18 months after, but not exceeding four years after, issuing a
9.8notice of prohibition of sale under subdivision 3, after which the children's product may
9.9no longer be sold or offered for sale in the state if it contains a priority chemical.
9.10(b) The commissioner may, based on the reports filed under subdivision 1, advance or
9.11set back the initial effective date of prohibition of sale, but may not extend it beyond four
9.12years after the date of issuing the initial notice of prohibition of sale under subdivision 3.
9.13(c) The commissioner may prohibit the sale in the state of a children's product
9.14containing a priority chemical if the manufacturer or distributor fails to provide the
9.15information required under section 116.9409 in a timely fashion or if the information is
9.16incomplete or otherwise unacceptable, as determined by the agency.
9.17    Subd. 3. Notice of prohibition of sale. Within 30 days of a determination under
9.18subdivision 2, the agency shall provide written notice to the manufacturer or distributor of
9.19the children's product containing a priority chemical of the agency's decision to prohibit
9.20offering the children's product for sale in the state and the effective date of the prohibition.
9.21    Subd. 4. Compliance plan. (a) No later than 180 days prior to the effective date of a
9.22prohibition established under subdivision 2, the manufacturer or distributor of a children's
9.23product that contains a priority chemical that is subject to a prohibition of sale under this
9.24section shall file a compliance plan with the commissioner. A compliance plan must:
9.25(1) identify the children's product that contains the priority chemical;
9.26(2) specify whether compliance will be achieved by discontinuing the sale of the
9.27children's product in the state or by removing the priority chemical from the children's
9.28product; and
9.29(3) if compliance is achieved through substitution of a safer alternative for the
9.30priority chemical:
9.31(i) identify the safer alternative;
9.32(ii) evaluate the likelihood of a child using the children's product to be exposed to
9.33the safer alternative through normal use; and
9.34(iii) evaluate the potential harm to the health of a child exposed to the safer
9.35alternative; and
10.1(4) contain a certificate of compliance certifying that after the effective date of the
10.2prohibition of sale, the manufacturer or distributor will not offer the product containing
10.3the priority chemical for sale in the state.
10.4(b) The agency must approve, reject, or modify a compliance plan and provide
10.5written notice of the agency's decision to the manufacturer or distributor within 120 days
10.6after the compliance plan is filed.
10.7    Subd. 5. Retailer notification. A manufacturer or distributor of a children's product
10.8issued a notice of prohibition of sale under subdivision 3 shall notify, in writing, persons
10.9that offer the product for sale or distribution in the state of the requirements of sections
10.10116.9401 to 116.9423, and the effective date of the prohibition of sale. Notice under this
10.11subdivision must be issued within 30 days of the agency's approval of the manufacturer's
10.12or distributor's compliance plan, unless the manufacturer or distributor has applied for and
10.13been denied a waiver under section 116.9417, in which case the notice must be issued
10.14within 30 days of denial of a waiver by the commissioner.
10.15    Subd. 6. Sale of inventory. A retailer selling a children's product containing a
10.16priority chemical that is the subject of a prohibition of sale issued under this section may
10.17not offer the children's product for sale in the state after the effective date of the prohibition,
10.18except that a retailer may exhaust stocks present on the retailer's premises 90 days prior to
10.19the effective date of the prohibition, after providing evidence of that fact to the agency.

10.20    Sec. 11. [116.9417] CHILDREN'S PRODUCTS; WAIVER FROM SALE
10.21PROHIBITION.
10.22    Subdivision 1. Waiver application. No later than one year prior to the date of
10.23prohibition of sale established under section 116.9415, a manufacturer or distributor of a
10.24children's product that is subject to the prohibition may file an application for a waiver
10.25from the prohibition with the commissioner. The waiver application must:
10.26(1) identify the specific children's product and the function of the priority chemical
10.27for which the waiver is sought;
10.28(2) identify alternatives considered as substitutions for the priority chemical;
10.29(3) contain evidence supporting the conclusion that the use of a safer alternative is
10.30not technically or economically feasible;
10.31(4) identify steps that have been and will be taken to minimize the use of the priority
10.32chemical in the children's product, if any; and
10.33(5) contain evidence demonstrating that the lack of availability of the children's
10.34product containing the priority chemical may pose an unreasonable risk to public health,
10.35safety, or welfare.
11.1    Subd. 2. Waiver determination. (a) The commissioner may grant a waiver with or
11.2without conditions upon determining that:
11.3(1) there is no technically or economically feasible safer alternative for the use of the
11.4priority chemical in the children's product; and
11.5(2) the lack of availability of the children's product containing the priority chemical
11.6may pose an unreasonable risk to public health, safety, or welfare.
11.7(b) The commissioner shall grant or deny a waiver request within 90 days of
11.8receiving a completed waiver application.
11.9(c) In making a determination under this section, the commissioner may contract
11.10with an independent third party of the agency's choice to provide additional information
11.11and may assess a fee on the manufacturer or distributor to pay the costs of providing the
11.12information, as specified in section 116.9419. If a priority chemical that is the subject of a
11.13waiver application is claimed as a trade secret under section 325C.01, subdivision 5, any
11.14contract between the commissioner and a third party for information required under this
11.15section must stipulate that the trade secret status of the information be maintained.
11.16    Subd. 3. Notice of waiver determination. Within 30 days of a determination under
11.17subdivision 2, the agency shall provide written notice of the decision to the manufacturer
11.18or distributor of the children's product containing the priority chemical.
11.19    Subd. 4. Term of waiver. A waiver may be granted for a term not to exceed two
11.20years. A waiver may be renewed for one additional two-year term upon approval by the
11.21commissioner, following the commissioner's receipt of a written application from the
11.22manufacturer or distributor containing the information required under subdivision 1.
11.23    Subd. 5. Waiver application not public information. A waiver application
11.24is nonpublic data, as defined in section 13.02, subdivision 9. The fact that a waiver
11.25application has been filed with the agency is public data that may be accessed according to
11.26section 13.03.

11.27    Sec. 12. [116.9419] FEES.
11.28(a) The agency shall, if applicable, collect the following fees from manufacturers
11.29and distributors of children's products offered for sale in the state:
11.30(1) a fee of $....... for each report filed under section 116.9409;
11.31(2) a fee equal to the costs billed by the independent contractor plus the agency's
11.32actual incurred costs to bid and administer the contract for each contract issued under
11.33section 116.9409, paragraph (b), 116.9413, subdivision 3, or 116.9417, subdivision 2;
11.34(3) a fee of $....... for each compliance plan filed under section 116.9415; and
12.1(4) a fee of $....... for each waiver application filed under section 116.9417,
12.2subdivision 1.
12.3(b) The commissioner shall deposit all fees collected under this section in the
12.4environmental fund. All fees collected under this section are exempt from section
12.516A.1285.

12.6    Sec. 13. [116.9423] ENFORCEMENT.
12.7The agency shall enforce sections 116.9401 to 116.9419 in the manner provided
12.8by section 115.071, subdivisions 1 to 6.

12.9    Sec. 14. REPORT.
12.10By January 15, 2015, the commissioner of the Pollution Control Agency shall
12.11report to the legislative committees with jurisdiction over environment and natural
12.12resources, commerce, and public health regarding the agency's plans for implementing the
12.13requirements of sections 116.9401 to 116.9419.

12.14    Sec. 15. EFFECTIVE DATE.
12.15Sections 1 to 14 are effective the day following final enactment."
12.16Amend the title accordingly