Some products sold in Minnesota must be compliant with local state regulations covering general safety, chemicals, heavy metals, labeling, and testing. In this guide, we list compliance requirements applicable to toys, cribs, apparel, fur products, and beddings.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Minnesota. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Trade Regulations, Consumer Protection
Chapter 325F of Minnesota Statutes on Trade Regulations and Consumer Protection covers the requirements for the manufacturing, sale, and marketing, and labeling of a wide range of consumer products. In the following sections, we introduce several product categories that are covered in this chapter and the respective requirements.
The requirements of this chapter cover a large number of product categories, including:
- Children’s food and beverage containers
- Sleeping bags and camping tents
- Cotton duck and canvas
- Fur garments
- Food packaging
Children’s Products Substances Restrictions: Requirements
Section 325F.172-175 prohibits anyone from manufacturing food and beverage containers that are intended to be used by children under the age of 3 and that contain Bisphenol-A.
Here we list some examples of covered products:
- Jars (including the lids)
Section 325F.176-178 prohibits manufacturers, retailers, or wholesalers to sell or offer for sale children’s products that contain:
a. intentionally-added formaldehyde
b. Chemicals that degrade to release free formaldehyde (under normal conditions of temperature and pressure) at levels exceeding 0.05% by weight
The requirements of this section apply to products that are intended to be used by children under the age of 8 years old and are designed to be physically applied to or introduced into a child’s body. Examples of such products include:
- Makeup products
- Haircare products
- Skincare products
- Manicure products
- Mouth washing products
Section 325F.172-175 and Section 325F.176-178 also require that manufacturers of the covered children’s products may not replace the Bisphenol A or formaldehyde with other substances that have either of these features:
- Cause developmental toxicity to children
- Cause cancer, genetic damage, or reproductive harm
- Disrupt the endocrine or hormone system
- Damage the nervous system, immune system, or organs, or cause other systemic toxicity
Hazardous Toys: Requirements
Section 325F.08 prohibits anyone from importing, manufacturing, selling, or distributing toys or other articles intended for use by children under the age of 14 years old which present the following hazards:
- Electrical hazards
- Mechanical hazards
- Thermal hazards
- Toxic hazards
- Flammable hazards
- Suffocation hazards
Crib Safety: Requirements
Section 325F.171 prohibits the sales of unsafe cribs that do not conform to the Code of Federal Regulations and the ASTM standards, or other applicable state or industry standards. Manufacturers of baby’s cribs should follow these regulations and standards:
a. Code of Federal Regulations, title 16, part 1508
b. Code of Federal Regulations, title 16, part 1509
c. Code of Federal Regulations, title 16, part 1303
d. ASTM F1169 – Standard Consumer Safety Specification for Full-Size Baby Cribs
Children’s Jewelry: Requirements
Section 325E.389 of Trade Regulations, Consumer Protection sets out the requirements for cadmium content in children’s jewelry sold in Minnesota.
The section applies to children’s products such as:
- Hair accessories
Section 325E.389 of Trade Regulations, Consumer Protection requires that the content of cadmium in the surface coating or accessible substrate material of metal or plastic components of children’s jewelry should not exceed 0.0075% by weight.
This section requires that manufacturers of children’s jewelry should test the cadmium content through ASTM F-963’s solubility testing for heavy metals.
Jewelry Products Containing Lead: Requirements
This act restricts the use of lead in metal and non-metal components in jewelry products. The requirements of this act apply to the following jewelry and the components:
- Arm cuffs
- Hair accessories
The act requires that no person should sell or distribute any jewelry that contains an unsafe level of lead (e.g. more than 0.06%) by weight unless the jewelry is made entirely or the combination from a Class 1, Class 2, or Class 3 material.
Visit the Minnesota Statutes to see the definition of the jewelry classification.
Requirements- Food Packaging
Section 325F.075 of Trade Regulations, Consumer Protection prohibits the use of PFAS on food packaging. The prohibition starts on 01 January 2024.
The prohibition of PFAS on food packaging cover these types of packaging:
- Wrapping paper
- Plastic films
- Plastic bags
- Paper cartons
- Microwave popcorn bags
- Bakery bags
The PFAS prohibition also applies to the individual assembled part of a food package, such as:
- Interior or exterior blocking
- Exterior strapping
Sleeping Bags and Camping Tents: Requirements
Section 325F.03-07 requires that sleeping bags and camping tents be sold in Minnesota must comply with the following fire safety standards:
a. Camping Products Association International Standard C.P.A.I. – 75. (Sleeping bags)
b. Camping Products Association International Standard C.P.A.I. – 84. (Camping tents)
You can read more about the requirements of C.P.A.I. – 75 and C.P.A.I. – 84 on Minnesota’s government website.
Section 325 F.02 prohibits the manufacture, store, sell, or dispose of, parlor matches or any type of double-dipped matches unless the bulb or first dip of such match is composed of safety or inert composition, non-ignitable on an abrasive surface.
This section also requires that the package or container of types of matches must bear the following information:
- Name of the manufacturer
- Brand or trademark of the manufacturer
Bedding Products: Requirements
Section 325F.25-34 outlines the requirements for the sales and labeling of bedding products in Minnesota.
Each new article of bedding should accompany a label made of durable material in size not less than three by 4-1/2 inches. The label shall be attached to each bedding article by sewing all four edges of the label. Also, it should contain the following information written in English in this format:
Materials used in filling: [add here]
Made by Vendor: [add here]
Address: [add here]
This article is made in compliance with Minnesota Statutes, sections 325F.25 to 325F.32.”
The requirements on this section apply to bedding products that are designed and made for use in sleeping or reclining purposes, such as:
- Upholstered spring
Used bedding products
This section claims that no person shall sell or lease any bedding products that:
a. Has been used in a private or public hospital, or
b. Has been used by or about any person having an infectious or contagious disease
Cotton Duck or Canvas: Requirements
Section 325F.35-41 establishes requirements for the manufacture, sales, and labeling of cotton duck and canvas sold in Minnesota.
It requires that any company that manufactures, sells, or offers to sell cotton duck or canvas should comply with the following:
a. Mark the correct weight of such cotton duck or canvas by ounces per yard
b. Describe the name of any filler in the cotton duck or canvas
The requirements in this section do not apply to clothing and wearing apparel that is made wholly or partially of cotton duck or canvas.
Fur Apparel: Requirements
Section 325 F.42 outlines the marketing and labeling requirements of garments that are made of fur.
It requires that clothing that is made of fur should not be sold or offered for retail sale in Minnesota under any false or deceptive name. This means the sellers of such items shall not make deceptive statements regarding the value of the fur during the marketing or sales stages, i.e. making a higher claim to the price or value of the item than its actual value.
Garments that are made of fur should have an attached tag indicating the trade name of the fur. This information should also be contained on the sales slip or invoice delivered to the purchaser at the time of sale.
Manufacturers or sellers of products covered under Chapter 325F should refer to each section and follow the specific labeling requirements if there are any. For example, specific labeling requirements are set for bedding products and matches.
Manufacturers should test their products according to the requirements specified in each section of the chapter. For example:
a. Manufacturers of children’s food and beverage containers in Minnesota should arrange Bisphenol A tests for their products
b. Manufacturers or sellers of sleeping bags or camping tents should test their products in accordance with the flammability requirements of the standard C.P.A.I. – 75, or C.P.A.I. – 74
Toxic-Free Kids Act
The Minnesota Free Kids Act designates certain chemicals as “Priority Chemical” or “Chemical of High Concern” when these chemicals cause developmental or reproductive harm, cancer, or other issues to humans.
This act aims to protect infants and children from the harm of toxic chemicals and encourage the gradual replacement of these toxic chemicals with safer options. However, at the moment it doesn’t set any specific substance restrictions.
The Toxic-Free Kids Act covers product categories such as:
- Children’s car seats
- Children’s personal care products
- Children’s clothing
- Infant or children food and beverage containers
This act does not cover the following product categories:
- Pharmaceutical products
- Consumer electronics products and electronic components (e.g. computers, cameras, game consoles, printers, etc)
- Outdoor sport equipment
The Minnesota Toxic-Free Children’s Act requires the Minnesota Department of Health (MDH) to create and maintain the list of Chemicals of High Concern (CHC) and Priority Chemicals (PC). The selection of chemicals is based on the degree of toxicity of the chemicals, e.g. whether it causes cancer, genetic damage, reproductive harm, or other harm).
The purpose of making these lists is to raise awareness of the public on the danger of these chemicals and encourage the use of green chemistry on children’s products.
The following chemicals are listed in the Priority Chemicals list, and some of them have been prohibited or restricted on certain products by the other regulations in Minnesota, such as the Trade Regulations, Consumer Protection:
- Phthalates (BBP, DBP, DEHP)
Manufacturers in Minnesota are responsible for the defects that cause injury or loss to consumers.
Product liability applies to consumer products sold in the market, such as:
- Children’s products
- Construction materials
In Minnesota, product liability claims can be based on the following legal theories:
a. Negligence: the manufacturer was careless when manufacturing a product it resulted in customers’ injuries or property damage
b. Strict liability: the manufacturer or seller wasn’t careless, but manufactured or sold a defective product
c. Breach of implied warranty: the product didn’t work as it was advertised or claimed
This means that the manufacturers are responsible for the design and manufacture defects that caused injuries or losses to the claimants.
Manufacturers are responsible to provide enough instructions or warnings to the product at the point of sale to make sure that the users know the proper and safe way to use the products.
Manufacturers are responsible to make sure that their products are safe to use. They should contact a laboratory to test whether their products are compliant with the applicable regulations in Minnesota.
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