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SF5114 • 2026

Ortho-phthalate testing results of packaged food products reporting by food manufacturers to the commissioner of agriculture requirement provision

Ortho-phthalate testing results of packaged food products reporting by food manufacturers to the commissioner of agriculture requirement provision

Agriculture
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Abeler, Gustafson, Housley, Coleman
Last action
2026-04-20
Official status
Author added Coleman
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-04-20 House

    Author added Coleman

  2. 2026-04-13 House

    Introduction and first reading

Official Summary Text

Ortho-phthalate testing results of packaged food products reporting by food manufacturers to the commissioner of agriculture requirement provision

Current Bill Text

Read the full stored bill text
A bill for an act

relating to agriculture; requiring food manufacturers and brand owners to report

ortho-phthalate testing results of packaged food products to the commissioner of

agriculture; amending Minnesota Statutes 2024, section 34A.01, by adding

subdivisions; proposing coding for new law in Minnesota Statutes, chapter 34A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision

to read:

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Subd. 1a.

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Brand.

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"Brand" means a name, symbol, word, or mark that identifies a product

and attributes the product to the product's brand owner.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 2.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to

read:

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Subd. 1b.

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Brand owner.

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"Brand owner" means a person that owns or licenses a brand

or that otherwise has rights to market a product under the brand, regardless of whether the

brand's trademark is registered.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 3.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to

read:

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Subd. 4a.

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Food manufacturer.

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"Food manufacturer" means a person who manufactures

a packaged food product or whose brand name is affixed to a packaged food product. In the

case of a packaged food product imported into the United States, food manufacturer includes

the importer or first domestic distributor of the product if the person who manufactured or

assembled the product or whose brand name is affixed to the packaged food product does

not have a presence in the United States.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 4.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to

read:

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Subd. 8a.

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Ortho-phthalates or phthalates.

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"Ortho-phthalates" or "phthalates" means

substances that are esters of phthalic acid.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 5.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to

read:

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Subd. 8b.

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Packaged food product.

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"Packaged food product" means any food product

that is completely or partially enclosed in packaging materials. Packaged food product does

not include meat, deli cheese, bakery products, and produce that is made or packaged at a

retail location.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 6.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to

read:

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Subd. 13.

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Universal product code or UPC.

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"Universal product code" or "UPC" means

a 12-digit number assigned to merchandise, including packaged food or packaged food

products.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 7.

Minnesota Statutes 2024, section 34A.01, is amended by adding a subdivision to

read:

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Subd. 14.

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UPC barcode.

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"UPC barcode" means the machine-readable version of a

universal product code.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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Sec. 8.

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[34A.025] ORTHO-PHTHALATE TESTING OF PACKAGED FOOD

PRODUCTS.

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Subdivision 1.

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Testing; notice to the commissioner.

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(a) No later than 30 days before

offering a packaged food product for sale in the state or distributing a packaged food product

in the state, a food manufacturer or brand owner must test the packaged food product for

levels of ortho-phthalates and must submit to the commissioner a written notice that includes:

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(1) the name and a description of the packaged food product;

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(2) the UPC barcode of the packaged food product and any UPC barcodes grouped under

the packaged food product tested if the packaged food product is packaged in multiple sizes;

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(3) the date that the packaged food product was tested for ortho-phthalates;

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(4) testing results indicating that no ortho-phthalates were detected in the packaged food

product or, if an ortho-phthalate was detected in the packaged food product, a description

of each ortho-phthalate that the packaged food product contains, including:

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(i) the ortho-phthalate's chemical abstracts service registry number;

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(ii) the ortho-phthalate's IUPAC name or chemical name;

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(iii) the exact quantity of the ortho-phthalate that the packaged food product contains;

and

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(iv) the quantity of ortho-phthalate in one serving size of the packaged food product.

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(5) the testing laboratory's name, address, and telephone number and the name, title,

telephone number, and email address of the laboratory employee who certified the testing

results;

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(6) a description of the testing laboratory's method of testing the packaged food product

for ortho-phthalates;

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(7) the name and address of the food manufacturer or brand owner and the name, address,

and telephone number of a contact person for the food manufacturer or brand owner; and

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(8) any other information required by the commissioner.

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(b) A food manufacturer or brand owner that is selling or distributing a packaged food

product in the state on the effective date of this act has until .... to submit a notice according

to this subdivision.

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Subd. 2.

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Laboratory accreditation.

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The laboratory that a food manufacturer or brand

owner uses for ortho-phthalate testing of packaged food products must be accredited

according to the standards of the International Organization for Standardization

(ISO)/International Electrotechnical Commission (IEC) 17025:2017 General Requirements

for the Competence of Testing and Calibration Laboratories (November 30, 2017).

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Subd. 3.

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Testing frequency.

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A food manufacturer or brand owner that sells or distributes

a packaged food product in the state must test packaged food products for ortho-phthalate

levels every two years and submit a written notice to the commissioner of agriculture

according to subdivision 1.

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Subd. 4.

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Publishing of testing results.

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A food manufacturer or brand owner that sells

or distributes a packaged food product in the state must make testing results of all packaged

food products publicly available by posting the results on the food manufacturer's or brand

owner's website. The website must be easily found by a consumer and must include:

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(1) the name of the packaged food product;

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(2) the UPC barcode of the packaged food product and any UPC barcodes grouped under

the packaged food product tested if the packaged food product is packaged in multiple sizes;

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(3) the date that the packaged food product was tested for ortho-phthalates;

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(4) testing results indicating that no ortho-phthalates were detected in the packaged food

product or, if an ortho-phthalate was detected in the packaged food product, a description

of each ortho-phthalate that the packaged food product contains, including:

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(i) the ortho-phthalate's chemical abstracts service registry number;

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(ii) the ortho-phthalate's IUPAC name or chemical name;

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(iii) the exact quantity of the ortho-phthalate that the packaged food product contains;

and

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(iv) the quantity of ortho-phthalate in one serving size of the packaged food product.

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(5) the testing laboratory's name, address, and telephone number and the name, title,

telephone number, and email address of the laboratory employee who certified the testing

results;

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(6) a description of the testing laboratory's method of testing the packaged food product

for ortho-phthalates;

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(7) the name and address of the food manufacturer or brand owner and the name, address,

and telephone number of an employee of the food manufacturer or brand owner who answers

consumer questions about testing results; and

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(8) any other information required by the commissioner.

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Subd. 5.

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Labeling.

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A food manufacturer or brand owner that sells or distributes a

packaged food product in the state must include: (1) a QR code or other machine-readable

code that links to a page on the food manufacturer's or brand owner's website that contains

the packaged food product's testing results for ortho-phthalates; and (2) a statement that

reads, "For information about ortho-phthalate testing of this product, scan the QR code."

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Subd. 6.

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Enforcement.

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If the commissioner of agriculture finds that a food manufacturer

or brand owner has violated this section, the commissioner must enforce this section by

taking administrative actions under section 34A.06 or imposing administrative penalties

under section 34A.07.

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EFFECTIVE DATE.

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This section is effective July 1, 2027.

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