US/Minnesota – HF 458 Ban on Formaldehyde in Certain Children's Products

Minnesota Governor Dayton signed Bill HF 4581 on May 13, 2013, that bans formaldehyde in certain children's products. The law defines children's products as a product primarily designed or intended by the manufacturer to be physically applied to or introduced into a child's (defined as a person under eight years of age) body, including any article used as a component of such a product. Excluded from the definition of a children’s product is food, beverage, dietary supplement, pharmaceutical product or biologic, children's toys that are covered by the ASTM F963, or a medical device as defined in the federal Food, Drug, and Cosmetic Act.

Following are the key requirements of the rule:

  1. Beginning August 1, 2014, bans manufacturers and wholesalers from selling children's products that intentionally contain formaldehyde or a chemical that under normal conditions would degrade to release formaldehyde.
  2. Beginning August 1, 2015, bans retailers from selling children's product that intentionally contain formaldehyde or a chemical that under normal conditions would degrade to release formaldehyde.
  3. Beginning August 1, 2013, requires manufacturers to ensure that the chemical replacing formaldehyde has not been identified 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. 

Questions may be directed to:
Intertek US
Dr. Pratik Ichhaporia
Tel.: +1.312.906.7720
Email: pratik.ichhaporia@intertek.com

 

 

 

 

 

 

1 https://www.revisor.mn.gov/laws/?id=58&doctype=Chapter&year=2013&type=0