Minnesota SF 2619: Paper products exemption from the extended producer responsibility program managing solid waste provision

Bill Text

1.1 A bill for an act​
1.2 relating to solid waste; exempting paper products from the extended producer​
1.3 responsibility program managing solid waste; amending Minnesota Statutes 2024,​
1.4 sections 115A.1441, subdivisions 10, 16, 26; 115A.1442; 115A.1450, subdivision​
1.5 4; 115A.1451, subdivision 7; 115A.1454, subdivision 1.​
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. Minnesota Statutes 2024, section 115A.1441, subdivision 10, is amended to​
1.8 read:​
1.9 Subd. 10.Covered material."Covered material" means packaging and paper products​
1.10 introduced in this state. Covered material does not include exempt materials.​
1.11 EFFECTIVE DATE.This section is effective the day following final enactment.​
1.12 Sec. 2. Minnesota Statutes 2024, section 115A.1441, subdivision 16, is amended to read:​
1.13 Subd. 16.Exempt materials."Exempt materials" means materials, or any portion of​
1.14 materials, that are:​
1.15 (1) are packaging for infant formula, as defined in United States Code, title 21, section​
1.16 321(z);​
1.17 (2) are packaging for medical food, as defined in United States Code, title 21, section​
1.18 360ee(b)(3);​
1.19 (3) are packaging for a fortified oral nutritional supplement used by persons who require​
1.20 supplemental or sole source nutrition to meet nutritional needs due to special dietary needs​
1.21 directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive,​
1.22 as those terms are defined by the International Classification of Diseases, Tenth Revision;​
1​Sec. 2.​
25-03604 as introduced​02/10/25 REVISOR CKM/CH​
SENATE​
STATE OF MINNESOTA​
S.F. No. 2619​NINETY-FOURTH SESSION​
(SENATE AUTHORS: HOFFMAN, Johnson and Lang)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​860​03/17/2025​
Referred to Environment, Climate, and Legacy​

2.1 (4) are packaging for a product regulated as a drug or medical device by the United​
2.2 States Food and Drug Administration, including associated components and consumable​
2.3 medical equipment;​
2.4 (5) are packaging for a medical equipment or product used in medical settings that is​
2.5 regulated by the United States Food and Drug Administration, including associated​
2.6 components and consumable medical equipment;​
2.7 (6) are drugs, biological products, parasiticides, medical devices, or in vitro diagnostics​
2.8 that are used to treat, or that are administered to, animals and are regulated by the United​
2.9 States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act,​
2.10 United States Code, title 21, section 301 et seq., by the United States Department of​
2.11 Agriculture under the federal Virus-Serum-Toxin Act, United States Code, title 21, section​
2.12 151 et seq.;​
2.13 (7) are packaging for products regulated by the United States Environmental Protection​
2.14 Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code,​
2.15 title 7, section 136 et seq.;​
2.16 (8) are packaging used to contain liquefied petroleum gas and are designed to be refilled;​
2.17 (9) are paper products used for a newspaper's print publications, including supplements​
2.18 or enclosures, that include content derived from primary sources related to news and current​
2.19 events;​
2.20 (10) are paper products used for a magazine's print publication that has a circulation of​
2.21 less than 95,000 and that primarily includes content derived from primary sources related​
2.22 to news and current events;​
2.23 (11) are (9) packaging used to contain hazardous or flammable products regulated by​
2.24 the 2012 federal Occupational Safety and Health Administration Hazard Communication​
2.25 Standard, Code of Federal Regulations, title 29, section 1910.1200, that prevent the packaging​
2.26 from being waste reduced or made reusable, recyclable, or compostable, as determined by​
2.27 the commissioner;​
2.28 (12) are (10) packaging that is being collected and properly managed through a paint​
2.29 stewardship plan approved under section 115A.1415;​
2.30 (13) are (11) exempt materials, as determined by the commissioner under section​
2.31 115A.1453, subdivision 6; or​
2.32 (14) are (12) covered materials that:​
2​Sec. 2.​
25-03604 as introduced​02/10/25 REVISOR CKM/CH​

3.1 (i) a producer distributes to another producer;​
3.2 (ii) are subsequently used to contain a product, and the product is distributed to a​
3.3 commercial, institutional, industrial, or business entity for the production of another product;​
3.4 and​
3.5 (iii) are not subsequently introduced to a any other person other than the commercial or​
3.6 business entity that first received the product used for the production of another product.​
3.7 EFFECTIVE DATE.This section is effective the day following final enactment.​
3.8 Sec. 3. Minnesota Statutes 2024, section 115A.1441, subdivision 26, is amended to read:​
3.9 Subd. 26.Producer.(a) "Producer" means the following person r