Bill Text: MN HF2542 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Lead and mercury products prohibited and regulated, and formaldehyde in children's products ban modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-06 - HF indefinitely postponed [HF2542 Detail]
Download: Minnesota-2013-HF2542-Engrossed.html
1.2relating to environment; prohibiting and regulating certain lead and mercury
1.3products; modifying ban on formaldehyde in children's products;amending
1.4Minnesota Statutes 2012, sections 115A.932, subdivision 1; 116.92, subdivisions
1.54, 5, 6, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections
1.6325F.176; 325F.177; proposing coding for new law in Minnesota Statutes,
1.7chapter 116.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.10read:
1.11 Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.12place mercury or athermostat, thermometer, electric switch, appliance, gauge, medical
1.13or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or
1.14other electrical mercury-containing device or product, as defined under section 116.92,
1.15subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.16(1) in solid waste; or
1.17(2) in a wastewater disposal system.
1.18(b) A person may not knowingly place mercury or athermostat, thermometer,
1.19electric switch, appliance, gauge, medical or scientific instrument, fluorescent or
1.20high-intensity discharge lamp, electric relay, or other electrical mercury-containing device
1.21 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.22not been removed for reuse or recycling:
1.23(1) in a solid waste processing facility; or
1.24(2) in a solid waste disposal facility.
2.1(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
2.2of the lamp to a lamp recycling facility, as defined in section116.93, subdivision 1 , or
2.3to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.4recycling facility, including, but not limited to, a household hazardous waste collection
2.5or recycling facility, retailer take-back and utility provider program sites, or other sites
2.6designated by an electric utility under section216B.241, subdivisions 2 and 4.
2.7 Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.8 Subd. 4. Removal from service; products containing mercury. (a) When an item
2.9listed insubdivision 3 this section is removed from service, the mercury in the item must
2.10be reused, recycled, or otherwise managed to ensure compliance with section115A.932 .
2.11(b) A person who is in the business of replacing or repairing an item listed in
2.12subdivision 3 this section in households shall ensure, or deliver the item to a facility that
2.13will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.14recycled or otherwise managed in compliance with section115A.932 .
2.15(c) A person may not crush a motor vehicle unless the person has first made a good
2.16faith effort to remove all of the mercury switches in the motor vehicle.
2.17(d) An item managed according to the requirements of this section must be
2.18transported in a container designed to prevent the escape of mercury into the environment
2.19by volatilization or any other means.
2.20 Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.21 Subd. 5. Thermostats. (a) A manufacturer of thermostats that contain mercury or
2.22that may replace thermostats that contain mercury is responsible for the costs of collecting
2.23and managing the replaced mercury-containing thermostats to ensure that the thermostats
2.24do not become part of the solid waste stream.
2.25(b) A manufacturer of thermostats that contain mercury or that may replace
2.26thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
2.27provide financial and nonfinancial incentives for and sufficient information to purchasers
2.28and consumers of the thermostats for the purchasers or consumers to ensure that mercury
2.29in thermostats being removed from service is reused or recycled or otherwise managed
2.30in compliance with section115A.932 . A manufacturer that has complied with this
2.31subdivision is not liable for improper disposal by purchasers or consumers of thermostats.
2.32(c) A manufacturer subject to this subdivision, or an organization of such
2.33manufacturers and its officers, members, employees, and agents, may participate in
2.34projects or programs to collect and properly manage waste thermostats. Any person
3.1who participates in such a project or program is immune from liability under state law
3.2relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
3.3or commerce for activities related to the collection and management of the thermostats
3.4under this subdivision.
3.5(d) A manufacturer or organization of manufacturers that participates in a project or
3.6program under paragraph (c) must report at least annually to the agency. The report must:
3.7(1) describe how the program operates;
3.8(2) describe who is eligible to participate in the program;
3.9(3) identify participants; and
3.10(4) state the number of thermostats remitted by each participant.
3.11(e) For the purposes of this subdivision, "thermostat" means a temperature control
3.12device that may contain elemental mercury in a sealed component that serves as a switch
3.13or temperature-sensing element and a sealed component that has been removed from
3.14such a temperature control device.
3.15 Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
3.16 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
3.17retailer may not sell or distribute at no cost a thermometer containing mercury that was
3.18manufactured after June 1, 2001.
3.19(b) Paragraph (a) does not apply to:
3.20(1) an electronic thermometer with a battery containing mercury if the battery is in
3.21compliance with section325E.125 ;.
3.22(2) a mercury thermometer used for food research and development or food
3.23processing, including meat, dairy products, and pet food processing;
3.24(3) a mercury thermometer that is a component of an animal agriculture climate
3.25control system or industrial measurement system until such time as the system is replaced
3.26or a nonmercury component for the system is available; or
3.27(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
3.28equipment, unless a nonmercury calibration standard is approved for the application by
3.29the National Institute of Standards and Technology.
3.30(c) A manufacturer is in compliance with this subdivision if the manufacturer:
3.31(1) has received an exclusion or exemption from a state that is a member of the
3.32Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
3.33parts when no alternative is available or for an application when no feasible alternative is
3.34available;
3.35(2) submits a copy of the approved exclusion or exemption to the commissioner; and
4.1(3) meets all of the requirements in the approved exclusion or exemption for the
4.2manufacturer's activities within the state.
4.3 Sec. 5. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
4.4read:
4.5 Subd. 8k. Ban; mercury in balancing and dampening products and
4.6equipment. A person may not sell, offer for sale, distribute, install, or use in the state a
4.7mercury-containing product or mercury-containing equipment that is used for balancing,
4.8dampening, or providing a weight or counterweight function.
4.9EFFECTIVE DATE.This section is effective January 1, 2015.
4.10 Sec. 6. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
4.11AND MERCURY PROHIBITION.
4.12 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
4.13have the meanings given.
4.14(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
4.15by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
4.16ground, in the water, or in the air.
4.17(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
4.18a person except a distributor, wholesaler, or motor vehicle dealer for resale.
4.19 Subd. 2. Tire service. When replacing or balancing a tire on a motor vehicle or
4.20aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
4.21or aircraft wheels if the weight or other balancing product contains lead or mercury that
4.22was intentionally added during the manufacture of the product.
4.23 Subd. 3. Sales ban. A person may not sell or offer to sell or distribute weights
4.24or other products for balancing motor vehicle or aircraft wheels if the weight or other
4.25balancing product contains lead or mercury that was intentionally added during the
4.26manufacture of the product.
4.27 Subd. 4. New motor vehicles. A person may not sell a new motor vehicle or
4.28aircraft that is equipped with a weight or other product for balancing wheels if the weight
4.29or other balancing product contains lead or mercury that was intentionally added during
4.30the manufacture of the product.
4.31 Subd. 5. Salvage. A person may not shred or crush, or market for shredding or
4.32crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
4.33or any portion thereof, without:
4.34(1) inspecting the vehicle or equipment; and
5.1(2) removing all weights or other products for balancing wheels or other equipment
5.2if the weights or balancing products contain lead or mercury that was intentionally added
5.3during the manufacture of the weights or balancing products.
5.4 Subd. 6. Management of wheel weights and balancing products. Mercury in
5.5wheel weights and other balancing products for motor vehicle and aircraft wheels must
5.6be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
5.7ensure that it does not become part of the solid waste stream and is not released to the
5.8environment. Lead in wheel weights and other balancing products for motor vehicle and
5.9aircraft wheels must be recycled to ensure that it does not become part of the solid waste
5.10stream and is not released to the environment.
5.11 Subd. 7. Educational materials; outreach. Prior to the effective date of this
5.12section, the agency shall produce and distribute educational materials on the prohibitions
5.13required under this section to businesses subject to the prohibitions and shall conduct
5.14additional outreach and education activities to those businesses.
5.15EFFECTIVE DATE.This section is effective July 1, 2015.
5.16 Sec. 7. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:
5.17325F.176 DEFINITIONS.
5.18(a) For the purposes of sections325F.176 to
325F.178 , the following terms have
5.19the meanings given them.
5.20(b) "Child" means a person under eight years of age.
5.21(c) "Children's product" means a product primarily designed or intended by a
5.22manufacturer to be physically applied to or introduced into a child's body, including any
5.23article used as a component of such a product and excluding a food, beverage, dietary
5.24supplement, pharmaceutical product or biologic, children's toys that are covered by the
5.25ASTM International F963 standard for Toy Safety, or a medical device as defined in
5.26the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
5.27as amended through February 15, 2013.
5.28(d) "Intentionally added chemical" means a chemical in a product that serves an
5.29intended function in the product.
5.30 Sec. 8. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:
5.31325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
5.32(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
5.33sale in this state a children's product that intentionally contains:
6.1(1) formaldehyde, including formaldehyde contained in a solution; or
6.2(2) intentionally added chemical ingredients that chemically degrade under normal
6.3conditions of temperature and pressure to release free formaldehyde at levels exceeding a
6.4de minimis level of 0.05 percent.
6.5(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
6.6children's product that intentionally contains:
6.7(1) formaldehyde, including formaldehyde contained in a solution; or
6.8(2) intentionally added chemical ingredients that chemically degrade under normal
6.9conditions of temperature and pressure to release free formaldehyde at levels exceeding a
6.10de minimis level of 0.05 percent.
1.3products; modifying ban on formaldehyde in children's products;amending
1.4Minnesota Statutes 2012, sections 115A.932, subdivision 1; 116.92, subdivisions
1.54, 5, 6, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections
1.6325F.176; 325F.177; proposing coding for new law in Minnesota Statutes,
1.7chapter 116.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.10read:
1.11 Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.12place mercury or a
1.13
1.14
1.15subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.16(1) in solid waste; or
1.17(2) in a wastewater disposal system.
1.18(b) A person may not knowingly place mercury or a
1.19
1.20
1.21 or product, as defined under section 116.92, subdivision 10, from which the mercury has
1.22not been removed for reuse or recycling:
1.23(1) in a solid waste processing facility; or
1.24(2) in a solid waste disposal facility.
2.1(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
2.2of the lamp to a lamp recycling facility, as defined in section
2.3to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.4recycling facility, including, but not limited to, a household hazardous waste collection
2.5or recycling facility, retailer take-back and utility provider program sites, or other sites
2.6designated by an electric utility under section
2.7 Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.8 Subd. 4. Removal from service; products containing mercury. (a) When an item
2.9listed in
2.10be reused, recycled, or otherwise managed to ensure compliance with section
2.11(b) A person who is in the business of replacing or repairing an item listed in
2.12
2.13will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.14recycled or otherwise managed in compliance with section
2.15(c) A person may not crush a motor vehicle unless the person has first made a good
2.16faith effort to remove all of the mercury switches in the motor vehicle.
2.17(d) An item managed according to the requirements of this section must be
2.18transported in a container designed to prevent the escape of mercury into the environment
2.19by volatilization or any other means.
2.20 Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.21 Subd. 5. Thermostats. (a) A manufacturer of thermostats that contain mercury or
2.22that may replace thermostats that contain mercury is responsible for the costs of collecting
2.23and managing the replaced mercury-containing thermostats to ensure that the thermostats
2.24do not become part of the solid waste stream.
2.25(b) A manufacturer of thermostats that contain mercury or that may replace
2.26thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
2.27provide financial and nonfinancial incentives for and sufficient information to purchasers
2.28and consumers of the thermostats for the purchasers or consumers to ensure that mercury
2.29in thermostats being removed from service is reused or recycled or otherwise managed
2.30in compliance with section
2.31subdivision is not liable for improper disposal by purchasers or consumers of thermostats.
2.32(c) A manufacturer subject to this subdivision, or an organization of such
2.33manufacturers and its officers, members, employees, and agents, may participate in
2.34projects or programs to collect and properly manage waste thermostats. Any person
3.1who participates in such a project or program is immune from liability under state law
3.2relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
3.3or commerce for activities related to the collection and management of the thermostats
3.4under this subdivision.
3.5(d) A manufacturer or organization of manufacturers that participates in a project or
3.6program under paragraph (c) must report at least annually to the agency. The report must:
3.7(1) describe how the program operates;
3.8(2) describe who is eligible to participate in the program;
3.9(3) identify participants; and
3.10(4) state the number of thermostats remitted by each participant.
3.11(e) For the purposes of this subdivision, "thermostat" means a temperature control
3.12device that may contain elemental mercury in a sealed component that serves as a switch
3.13or temperature-sensing element and a sealed component that has been removed from
3.14such a temperature control device.
3.15 Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
3.16 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
3.17retailer may not sell or distribute at no cost a thermometer containing mercury that was
3.18manufactured after June 1, 2001.
3.19(b) Paragraph (a) does not apply to
3.20
3.21compliance with section
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30(c) A manufacturer is in compliance with this subdivision if the manufacturer:
3.31(1) has received an exclusion or exemption from a state that is a member of the
3.32Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
3.33parts when no alternative is available or for an application when no feasible alternative is
3.34available;
3.35(2) submits a copy of the approved exclusion or exemption to the commissioner; and
4.1(3) meets all of the requirements in the approved exclusion or exemption for the
4.2manufacturer's activities within the state.
4.3 Sec. 5. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
4.4read:
4.5 Subd. 8k. Ban; mercury in balancing and dampening products and
4.6equipment. A person may not sell, offer for sale, distribute, install, or use in the state a
4.7mercury-containing product or mercury-containing equipment that is used for balancing,
4.8dampening, or providing a weight or counterweight function.
4.9EFFECTIVE DATE.This section is effective January 1, 2015.
4.10 Sec. 6. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
4.11AND MERCURY PROHIBITION.
4.12 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
4.13have the meanings given.
4.14(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
4.15by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
4.16ground, in the water, or in the air.
4.17(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
4.18a person except a distributor, wholesaler, or motor vehicle dealer for resale.
4.19 Subd. 2. Tire service. When replacing or balancing a tire on a motor vehicle or
4.20aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
4.21or aircraft wheels if the weight or other balancing product contains lead or mercury that
4.22was intentionally added during the manufacture of the product.
4.23 Subd. 3. Sales ban. A person may not sell or offer to sell or distribute weights
4.24or other products for balancing motor vehicle or aircraft wheels if the weight or other
4.25balancing product contains lead or mercury that was intentionally added during the
4.26manufacture of the product.
4.27 Subd. 4. New motor vehicles. A person may not sell a new motor vehicle or
4.28aircraft that is equipped with a weight or other product for balancing wheels if the weight
4.29or other balancing product contains lead or mercury that was intentionally added during
4.30the manufacture of the product.
4.31 Subd. 5. Salvage. A person may not shred or crush, or market for shredding or
4.32crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
4.33or any portion thereof, without:
4.34(1) inspecting the vehicle or equipment; and
5.1(2) removing all weights or other products for balancing wheels or other equipment
5.2if the weights or balancing products contain lead or mercury that was intentionally added
5.3during the manufacture of the weights or balancing products.
5.4 Subd. 6. Management of wheel weights and balancing products. Mercury in
5.5wheel weights and other balancing products for motor vehicle and aircraft wheels must
5.6be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
5.7ensure that it does not become part of the solid waste stream and is not released to the
5.8environment. Lead in wheel weights and other balancing products for motor vehicle and
5.9aircraft wheels must be recycled to ensure that it does not become part of the solid waste
5.10stream and is not released to the environment.
5.11 Subd. 7. Educational materials; outreach. Prior to the effective date of this
5.12section, the agency shall produce and distribute educational materials on the prohibitions
5.13required under this section to businesses subject to the prohibitions and shall conduct
5.14additional outreach and education activities to those businesses.
5.15EFFECTIVE DATE.This section is effective July 1, 2015.
5.16 Sec. 7. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:
5.17325F.176 DEFINITIONS.
5.18(a) For the purposes of sections
5.19the meanings given them.
5.20(b) "Child" means a person under eight years of age.
5.21(c) "Children's product" means a product primarily designed or intended by a
5.22manufacturer to be physically applied to or introduced into a child's body, including any
5.23article used as a component of such a product and excluding a food, beverage, dietary
5.24supplement, pharmaceutical product or biologic, children's toys that are covered by the
5.25ASTM International F963 standard for Toy Safety, or a medical device as defined in
5.26the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
5.27as amended through February 15, 2013.
5.28(d) "Intentionally added chemical" means a chemical in a product that serves an
5.29intended function in the product.
5.30 Sec. 8. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:
5.31325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
5.32(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
5.33sale in this state a children's product that intentionally contains:
6.1(1) formaldehyde, including formaldehyde contained in a solution; or
6.2(2) intentionally added chemical ingredients that chemically degrade under normal
6.3conditions of temperature and pressure to release free formaldehyde at levels exceeding a
6.4de minimis level of 0.05 percent.
6.5(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
6.6children's product that intentionally contains:
6.7(1) formaldehyde, including formaldehyde contained in a solution; or
6.8(2) intentionally added chemical ingredients that chemically degrade under normal
6.9conditions of temperature and pressure to release free formaldehyde at levels exceeding a
6.10de minimis level of 0.05 percent.
