Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.
(b) "Child" means a person under 12 years of age.
(c) "Children's product" means a product primarily designed or intended by a manufacturer to be used by or for a child, including any article used as a component of such a product, but excluding a food, beverage, dietary supplement, pharmaceutical product or biologic, children's toys that are subject to the most recent version of the American Society for Testing and Materials F963, Standard Consumer Safety Specification for Toy Safety, a medical device as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h), products listed under section 116.9405, clauses (10) and (11), and products listed under sections 325F.03 and 325F.04.
(d) "Upholstered residential furniture" means furniture with padding, coverings, and cushions intended and sold for use in the home.
(e) "Mattress" means a mattress as defined in Code of Federal Regulations, title 16, section 1632.1.
(f) "Organohalogenated chemical" means any chemical that contains one or more carbon elements and one or more halogen elements, including fluorine, chlorine, bromine, or iodine.
(g) "Residential textile" means a textile designed for use in the home as a covering on windows or walls.
Subd. 2. Flame-retardant chemicals; prohibition. (a) No manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state a children's product, upholstered residential furniture, residential textile, or mattress containing, in amounts greater than 1,000 parts per million in any product component, any organohalogenated flame retardant chemical.
(b) No retailer may sell or offer for sale or use in this state a children's product, upholstered residential furniture, residential textile, or mattress containing in amounts greater than 1,000 parts per million in any product component the flame retardant chemicals listed in paragraph (a).
(c) The sale or offer for sale of any previously owned product containing a chemical restricted under this section is exempt from the provisions of this section.
Subd. 2a. Exemptions. The following are exempt from the provisions of this section:
(1) the sale or offer for sale of any previously owned product containing a chemical restricted under this section;
(2) an electronic component of a children's product, mattress, upholstered residential furniture, or residential textile or any associated casing;
(3) a children's product, mattress, upholstered residential furniture, or residential textile for which there is a federal or national flammability standard;
(4) thread or fiber when used for stitching mattress components together; or
(5) components of an adult mattress other than foam. As used in this clause, "adult mattress" means a mattress other than toddler mattress, crib mattress, or other infant sleep product.
Subd. 2b. Exception. The prohibitions in subdivision 2 do not apply to a flame retardant that:
(1) is a polymeric material in accordance with the criteria in Code of Federal Regulations, title 40, section 723.250, or is chemically reacted to form a polymeric material with the materials it is intended to protect; or
(2) has a determination of safety under United States Code, title 15, section 2604, subsection (a), paragraph (3), subparagraph (C), or under United States Code, title 15, section 2605, subsection (b), paragraph (4).
Subd. 3. Flame-retardant chemicals; replacement chemicals. A manufacturer shall not replace a chemical whose use is prohibited under this section with a chemical 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:
(1) harm the normal development of a fetus or child or cause other developmental toxicity;
(2) cause cancer, genetic damage, or reproductive harm;
(3) disrupt the endocrine or hormone system; or
(4) damage the nervous system, immune system, or organs, or cause other systemic toxicity.
Subd. 4. Enforcement. The commissioner of the Pollution Control Agency may enforce compliance with this section under sections 115.071 and 116.072. The commissioner must coordinate with the commissioners of commerce and health in enforcing this section.
2015 c 62 s 1; 2019 c 47 s 1
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325F — Consumer Protection; Products And Sales
Section 325F.01 — Asbestos Used In Building And Remodeling.
Section 325F.015 — Unsafe Bleachers.
Section 325F.02 — Manufacture, Storage, Or Sale Of Matches.
Section 325F.03 — Flame Resistant Public Assembly Tents.
Section 325F.04 — Flame Resistant Tents And Sleeping Bags.
Section 325F.06 — Civil Penalties.
Section 325F.07 — Criminal Penalty.
Section 325F.071 — Flame-retardant Chemicals; Prohibition.
Section 325F.072 — Firefighting Foam.
Section 325F.075 — Food Packaging; Pfas.
Section 325F.08 — Importation, Manufacture, Sale Or Distribution Of Hazardous Articles.
Section 325F.09 — Definitions.
Section 325F.10 — Banning Of Hazardous Articles; Rules.
Section 325F.11 — Testing Of Articles To Determine And Insure Compliance.
Section 325F.12 — Repurchase Of Banned Articles.
Section 325F.13 — Banned Hazardous Toys; Prohibitions.
Section 325F.135 — Unsafe Recalled Toys; Prohibition On Sale.
Section 325F.14 — Hazardous Toys; Seizure.
Section 325F.15 — Commissioner's Right Of Access To Premises, Records.
Section 325F.171 — Crib Safety.
Section 325F.172 — Definitions.
Section 325F.173 — Bisphenol-a In Certain Children's Products.
Section 325F.174 — Bisphenol-a In Children's Food Containers.
Section 325F.175 — Bisphenol-a Replacement Chemicals.
Section 325F.176 — Definitions.
Section 325F.177 — Formaldehyde In Children's Products; Ban.
Section 325F.178 — Formaldehyde Replacement Chemicals.
Section 325F.179 — Enforcement.
Section 325F.18 — Duty Of Manufacturer.
Section 325F.181 — Formaldehyde Product Standard.
Section 325F.185 — Electric Vehicle Infrastructure.
Section 325F.19 — Home Insulation; Consumer Protection; Definitions.
Section 325F.20 — Specifications For Manufacture, Labeling, And Installation Of Insulation.
Section 325F.21 — Testing Of Insulation.
Section 325F.22 — Unfair And Deceptive Advertising Practices.
Section 325F.23 — Marking, Labeling, And Consumer Information.
Section 325F.24 — Enforcement; Penalties.
Section 325F.245 — Landscape Application Contracts.
Section 325F.25 — Definitions.
Section 325F.26 — Use Of Secondhand Material Forbidden In Certain Cases.
Section 325F.27 — Sale Of Bedding.
Section 325F.28 — Material Must Be Renovated.
Section 325F.29 — Sales Forbidden; Exceptions; Penalties.
Section 325F.30 — Shoddy Material To Be Labeled.
Section 325F.31 — Bedding To Be Labeled.
Section 325F.32 — Feathers To Be Renovated.
Section 325F.34 — Testimony; Production Of Books And Documents.
Section 325F.35 — Definitions.
Section 325F.36 — Manufacture And Sale Of Cotton Duck Or Canvas; Stamps, Brands, And Marks.
Section 325F.37 — Certain Sales Unlawful; Misstatements Forbidden.
Section 325F.39 — Unlawful To Deface Mark.
Section 325F.40 — Violations; Penalties.
Section 325F.41 — Testimony; Production Of Books And Documents.
Section 325F.42 — Fraud In The Sale Of Fur Wearing Apparel.
Section 325F.43 — Imitation Indian-made Goods To Be Branded.
Section 325F.45 — Goods Not To Be Sold Without Brand.
Section 325F.47 — Misrepresentation Of Blind-made Articles Or Products.
Section 325F.48 — Prison-made Goods Are Subject To Laws Of State.
Section 325F.51 — Operation Of Airport Foreign Currency Exchanges.
Section 325F.53 — Retail Merchandise; Price Marking.
Section 325F.55 — Local Ordinance Preempted.
Section 325F.56 — Definitions.
Section 325F.57 — Service Calls.
Section 325F.61 — Return Of Property.
Section 325F.62 — Required Shop Practices.
Section 325F.63 — Remedies; Penalties.
Section 325F.65 — Preemption By State.
Section 325F.662 — Sale Of Used Motor Vehicles.
Section 325F.664 — New Motor Vehicle Damage Disclosures.
Section 325F.6641 — Disclosure Of Vehicle Damage.
Section 325F.6642 — Title Branding.
Section 325F.6643 — Remedies; Penalties.
Section 325F.665 — New Motor Vehicle Warranties; Manufacturer's Duty To Repair, Refund, Or Replace.
Section 325F.6651 — Definitions.
Section 325F.6652 — Notice To Consumer.
Section 325F.6653 — Manufacturer's Duty To Repair.
Section 325F.6654 — Manufacturer's Duty To Refund Or Replace.
Section 325F.6655 — Extension Of Warranty.
Section 325F.6656 — Alternative Dispute Settlement.
Section 325F.6657 — Affirmative Defenses.
Section 325F.6658 — Limitation On Actions.
Section 325F.6659 — Remedy Nonexclusive.
Section 325F.666 — Unlawful Reassignment Of Certain Motor Vehicle Contracts.
Section 325F.6670 — Equipment Required At Time Of Sale.
Section 325F.67 — False Statement In Advertisement.
Section 325F.675 — Fraud Related To Consumer Telephone Records.
Section 325F.68 — Definitions.
Section 325F.69 — Unlawful Practices.
Section 325F.691 — Unreasonable Delay In Mortgage Loan Closing.
Section 325F.692 — Fraudulent Telephone Services; Billing.
Section 325F.693 — Fraudulent Telephone Services; Slamming.
Section 325F.694 — False Or Misleading Commercial Electronic Mail Messages.
Section 325F.696 — Liability For Unauthorized Use Of Cellular Telephones.
Section 325F.697 — Live Check Solicitation Prohibited.
Section 325F.698 — Smartphone Antitheft Protection.
Section 325F.71 — Senior Citizens And Disabled Persons; Additional Civil Penalty For Deceptive Acts.
Section 325F.72 — Disclosure Of Special Care Status Required.
Section 325F.721 — Provision Of "i'm Okay" Check Services.
Section 325F.722 — Consumer Protections For Exempt Settings.
Section 325F.73 — Fraudulent Sale Of Gold And Silver; Penalty.
Section 325F.731 — Definitions.
Section 325F.733 — License; Application; Terms And Conditions.
Section 325F.734 — Identification Of Sellers.
Section 325F.735 — Records Required.
Section 325F.736 — Required Holding Period.
Section 325F.737 — Additional Holding Period.
Section 325F.739 — Certain Purchases Prohibited.
Section 325F.741 — Payment By Check.
Section 325F.742 — Governmental Subdivisions May Regulate.
Section 325F.743 — Criminal Penalty.
Section 325F.744 — Civil Penalty.
Section 325F.755 — Prize Notices And Solicitations.
Section 325F.76 — Definitions.
Section 325F.77 — Promotional Distribution.
Section 325F.781 — Requirements; Tobacco Product Delivery Sales.
Section 325F.783 — Auto Glass Repair Or Replacement.
Section 325F.784 — Prescription Drug Discounts.
Section 325F.785 — Sales Of Hiv Home Collection Kits And Hypodermic Syringes And Needles.
Section 325F.79 — Definitions.
Section 325F.791 — Sales Of Dogs And Cats.
Section 325F.792 — Additional Penalties.
Section 325F.795 — Unauthorized Possession Of Merchandise Pallets.
Section 325F.80 — Retail Sales Of Consumer Goods; Refunds.
Section 325F.81 — Replica Firearms; Warning Label.
Section 325F.82 — Definitions.
Section 325F.83 — Regulation Of Automatic Garage Door Opening Systems.
Section 325F.84 — Definitions.
Section 325F.85 — Application Of Other Law.
Section 325F.86 — Disclosures.
Section 325F.87 — Form Requirements.
Section 325F.88 — Advertising.
Section 325F.90 — Lessee's Reinstatement Rights.
Section 325F.91 — Prohibited Practices.
Section 325F.92 — Lessor's Communications Concerning Lessee.
Section 325F.93 — Early Purchase Option.
Section 325F.94 — Claims And Defenses.
Section 325F.95 — Liability; Liability Damage Waiver.
Section 325F.96 — Exempted Transaction.
Section 325F.97 — Penalties And Remedies.
Section 325F.981 — Check Cashing Practices.
Section 325F.982 — Consumer Identification Information.
Section 325F.985 — Definitions.
Section 325F.986 — Exclusivity Agreements.
Section 325F.987 — Limitation On Actions.
Section 325F.988 — Nonapplication.
Section 325F.99 — Telephone Calls; Fees; Long-distance Carriers; Notice.
Section 325F.991 — 911 Emergency Phone Service Representations.
Section 325F.992 — Prohibition Of Assignment Of Military Pay Or Military Benefits.