SF1380

Purpose

This bill aims to reduce exposure to toxic chemicals by prohibiting certain chemicals used in packaging sold in Minnesota. It sets up a process to identify and remove specific chemicals from packaging and to require information about packaging composition from manufacturers.

Key Definitions

• Packaging: the material used for packaging goods (defined in state law as section 115A.03).
• Prohibited packaging chemical: any chemical on the bill’s list of restricted substances when used in packaging.
• Manufacturer: a person who makes a product or whose brand name is on the product (including importers for products sold in Minnesota).
• Halogenated flame retardant: a chemical containing chlorine or bromine used to slow or stop flame spread.
• Nondetectable pigment: a pigment added to plastic packaging that is not detectable by standard recycling technologies.
• Oxodegradable and oxobiodegradable additive: chemicals added to plastics to speed up breaking down into smaller pieces.

Main Provisions

• Prohibition timeline

  • On or after January 1, 2028, a manufacturer may not offer for sale, sell, or distribute in Minnesota packaging that contains a prohibited packaging chemical.

• List of prohibited packaging chemicals

  • The bill enumerates a list of chemicals that, if used in packaging, are prohibited. Examples include: polyvinyl chloride (PVC), polyvinylidene chloride, polystyrene (including expanded polystyrene), polycarbonate, certain forms of polyethylene terephthalate (PET), antimony trioxide, melamine, orthophthalates, bisphenols, halogenated flame retardants, nondetectable pigments (including carbon black), oxodegradable/oxobiodegradable additives, UV 328, benzotriazol-2-yl-46-ditertpentylphenol, short and medium-chain chlorinated paraffins, benzophenone or its derivatives, formaldehyde, and perchlorate. (The full list is part of the bill.)

• Review and designation of additional chemicals

  • The Commissioner of Health must review the list at least every three years and keep the list on the Department of Health website.
  • The commissioner may designate additional chemicals as prohibited packaging chemicals if they meet certain conditions described in related law or if they are considered a chemical of high concern.

• Packaging composition information

  • Manufacturers must respond in a timely manner to questions about the chemical makeup of packaging sold, offered for sale, imported, or distributed in Minnesota.
  • If any information a manufacturer provides is trade secret, it remains nonpublic data under state law (protected as trade secret information).

• Penalties

  • A manufacturer found to violate the prohibition must pay a penalty of $25,000 per violation.

• Additional regulatory context

  • The commissioner may use existing provisions that define “chemical of high concern” and related criteria to help identify additional prohibited chemicals.
  • The prohibition and reporting requirements interact with existing state data-privacy and trade secret provisions.

Significant Changes to Existing Law

• New prohibition framework

  • Creates a new section (116.941) titled “Toxic Chemicals in Packaging Prohibition,” adding a formal ban on certain packaging chemicals starting in 2028.

• Expanded health department oversight

  • Establishes ongoing duties for the Commissioner of Health to maintain and update a list of prohibited chemicals and to designate new ones as needed.

• Data and transparency requirements for manufacturers

  • Requires manufacturers to disclose packaging compositions upon request, with trade secret protections for confidential information.

• Enforcement and penalties

  • Establishes a $25,000 per violation penalty to enforce compliance.

• Interaction with other statutes

  • References and aligns with definitions and processes in sections 116.9401, 116.9402, 116.9402c/d, and 13.37 (trade secrets), indicating integration with existing regulatory and data-protection frameworks.

Effective Date

• Prohibition becomes effective on or after January 1, 2028.

Practical Impact (in plain terms)

• Manufacturers who sell packaging in Minnesota will need to ensure their packaging does not include any of the listed prohibited chemicals after 2028.
• The state will maintain and update a public list of prohibited chemicals, and health officials can add new chemicals to that list as needed.
• When asked, manufacturers must share information about what is in their packaging, but trade secret details can remain confidential.
• If a company violates the rule, they could be fined $25,000 for each violation.

Relevant Terms - prohibited packaging chemical - packaging - packaging composition information - Commissioner of Health - Department of Health website - trade secret information (nonpublic data) - manufacturer - offer for sale / sell / distribute - January 1, 2028 - 116.941 (new section) - 116.9401 (chemical of high concern) - 116.9402 (conditions for designation) - nondetectable pigment - halogenated flame retardant - oxodegradable / oxobiodegradable additive - UV 328 - benzotriazol-2-yl-46-ditertpentylphenol - formaldehyde - perchlorate - polyvinyl chloride (PVC) - polyvinylidene chloride - polystyrene (including expanded polystyrene) - polycarbonate - polyethylene terephthalate (PET) and opaque/pigmented PET - antimony trioxide - melamine - orthophthalates - bisphenols - short and medium-chain chlorinated paraffins - carbon black (as a nondetectable pigment)