SAFEGUARDS | Consumer Products NO. 052/17

SafeGuardS Child on child's stool

The US State of Minnesota has introduced a proposal relating to the disclosure of priority chemicals in children’s products. If approved, first reports are due within one year after enactment.

In May 2009, the governor of the US State of Minnesota signed the ‘Toxic Free Kids Act’ (Chapter 37, HF 2123, 2009 [1]) into law. This piece of legislation requires the Department of Health (MDH) to publish two lists of chemicals:

  • Chemicals of High Concern (CHCs [2])

  • Priority Chemicals (PCs [3])

The MDH first published the CHC list in 2010 and is directed to review and revise this list at least every three years. This list has now evolved to more than 1,700 chemicals. These CHCs will be designated as PCs if they meet the criteria in section 116.9403 of 2010 Minnesota Statutes [4].

The MDH first published the PC list in January 2011. As of March 2017, a total of nine chemicals have been designated as PCs. These are:

  • Bisphenol A (BPA, CAS 80-05-7), Butyl benzyl phthalate (BBP, CAS 85-68-7)

  • Cadmium (Cd, 7440-43-9)

  • Dibutyl phthalate (DBP, CAS 84-74-2), di(2-ethylhexyl) phthalate (DEHP, CAS 117-81-7)

  • Decabromodiphenyl ether (Deca-BDE, CAS 1163-19-5)

  • Formaldehyde (CAS 50-00-0)

  • Hexabromocylododecane (HBCD/HBCDD, CAS 3194-55-6)

  • Lead (Pb, CAS 7449-921)

Unlike Maine, Oregon, Vermont and Washington where these types of lists are used to create reporting requirements for children’s products, Minnesota has no regulatory action beyond publishing the lists of CHCs and PCs.

In February 2017, Minnesota introduced SF 716 [5] (companion bill HF 727) to amend the ‘Toxic Free Kids Act’ by requiring the disclosure of PCs in children’s products. This proposal contains many similarities to reporting requirements for children’s products in Oregon, Vermont and Washington [6], including:

  • Reporting product categories at the brick level of the GS1 Global Product Classification (GPC) standard

  • Reporting is required if the PC is a contaminant and at a concentration of more than 100 ppm

  • Reporting is required if the PC is intentionally added and present at or above the practical quantification limit (PQL)

According to the proposal, the first report for PCs in children’s products is within one year after the PC has been designated. The first report for chemicals that were designated as PCs before July 1, 2011 is by July 2018 to July 2021, using a system based on the annual aggregate gross sales of manufacturers or distributors.

The proposal will become effective on the day following enactment.

Highlights of the proposal are summarized in Table 1.

Jurisdiction Bill Chemical Scope  Requirement Effective Date
Minnesota HF 727 Priority chemicals (PCs) Children’s products

Reporting required if PC is

  • Above PQL (intentionally added), or
  • More than 100 ppm (contaminant)
Day following enactment

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for reporting chemicals in children’s products for the US and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hingwo Tsang
Global Hardlines Information and Innovation Manager
t: +852 2774 7420

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