To protect children and families from short- and long-term health impacts that can come from exposure to lead and cadmium, Minnesota passed a law in 2023 that restricts a broader array of consumer products, including toys and school supplies, from containing those toxic chemicals. The MPCA has developed additional guidance on the law.
Investigation leads to action
While Minnesota had already regulated lead and cadmium content in children’s jewelry, an interagency team including representatives from the MPCA, Department of Health, and Department of Commerce found that some inexpensive toys and jewelry contained lead and cadmium levels well above regulatory limits. Those findings spurred recommendations for tighter restrictions on lead and cadmium content in toys, jewelry, and other consumer items that children can likely encounter in the home.
Getting toxic metals out of products
Under the new law (Minn. Stat. § 325E.3892), which went into effect July 1, 2023, a person or business cannot import, manufacture, sell, hold for sale, distribute, or offer products in certain categories containing lead at more than 0.009 percent by total weight (90 parts per million) or cadmium at more than 0.0075 percent by total weight (75 parts per million). That list of categories includes:
- jewelry
- toys
- cosmetics and personal care products
- puzzles, board games, card games, and similar games
- play sets and play structures
- outdoor games
- school supplies
- pots and pans
- cups, bowls, and other food containers
- craft supplies and jewelry-making supplies
- chalk, crayons, paints, and other art supplies
- fidget spinners
- costumes, costume accessories, and children's and seasonal party supplies
- keys, key chains, and key rings
- clothing, footwear, headwear, and accessories
The covered products were not further defined in the statute, so the MPCA and its partner agencies have developed guidance to provide further clarification.
Hazards in the home
Even small amounts of lead or cadmium in household products can cause serious problems for brain health and human development, especially in children, whose bodies are still developing. No amount of lead is considered safe in children, according to the Centers for Disease Control, and high levels of lead in children can cause behavioral problems, shorter attention spans, slower growth, and decreased coordination.
Because many people know lead is harmful and possibly fatal when swallowed, some manufacturers now use cadmium as a replacement, particularly in inexpensive jewelry. This alternative is marginally safer at best. Breathing in cadmium dust or swallowing an item containing cadmium can cause vomiting, diarrhea, abdominal pain, muscle ache, and organ damage.
Guidance for manufacturers and retailers
The law took effect in mid-2023 and did not allow for “sell-through” of existing stock past that time. The statute does not give the MPCA rule writing authority under this law. What follows are the MPCA’s current approaches to and interpretations of 325E.3892, which are intended to guide regulated persons in determining what products or components of those products may be covered under the statute. The facts of specific future cases may suggest different approaches to interpretation and enforcement, in which case this guidance may be revised.
General approach
In general, the MPCA recommends that products covered by the new law include:
- any of the 15 products from the statute specifically listed above and the different forms they may take
- any combination or set of products sold together which includes one of the listed products
- accessories sold together with a listed product
- accessories sold separately from a listed product if the accessory also fits in the category of listed product. For example, a doll accessory (such as doll clothes) sold separately from the toy it is meant to be used with is still in the toy category, so it would be covered.
The MPCA places the highest priority on components or pieces of components which may be mouthed, sucked on, or ingested by children or which may be coated with a finish that does not itself include lead or cadmium, but may break down to expose underlying lead or cadmium or alloys containing these metals when ingested by a child.
Product components
The MPCA considers the law to cover potentially accessible components in any listed product. “Component” can mean a visible part or piece of a product such as a zipper, pendant, button, rivet, or coating. It can also include a part or piece which is not immediately visible (e.g., hidden by another material). “Component” can also mean a chemical in a formulation, mixture, or alloy. For example, covered products may include a component used:
- in dyes, tints, and pigments
- to stabilize plastics
- to strengthen any material or give it other attributes
- as a core substrate
- to alter physical appearance or inhibit bacterial growth
A component can be present unintentionally or as a contaminant. The law covers components provided by a supplier to a person responsible for a product under Minn. Stat. § 325E.3892, subd. 2.
Approach to less-accessible components
The law covers components not typically accessible except by destruction or separation using tools or heavy objects. Also covered are circuitry, batteries, and complex inner workings not typically accessible except through intentional opening or disassembly of housings or protective casings.
The MPCA considers not typically accessible components to be less of a priority for monitoring and replacement than mouthable or ingestible components. However, they remain a life-cycle environmental concern both during manufacturing and through the ways they are managed and disposed of at the end of their life. Therefore, the MPCA recommends that responsible persons redesign not typically accessible components that are not currently compliant with the law as soon as possible to come into compliance or discontinue selling the products that contain them in Minnesota.
Other examples of not typically accessible components include:
- Electronics such as digital or smart watches. The MPCA places higher priority on readily accessible components such as watchbands, buckles or clasps.
- Key fobs with a protruding or flip-out metal key. The MPCA places higher priority for monitoring on the key component, but internal electronics with tin/lead solder should be targeted for replacement with non-lead solder as soon as possible to get the key fob into complete compliance with the law.
Other interpretations of listed products and forms
Also covered are listed products and different forms of listed products which contain impermissible levels of lead and/or cadmium and are:
- powered or unpowered
- intended for any age or gender identification
- for indoor and/or outdoor use
- made of any natural or synthetic material or combination thereof, if any part or component of those materials exceeds the limits on lead and/or cadmium
Eyewear with prescription corrective lenses does not fit in any of the law's product categories. However, sunglasses or other eyewear without corrective lenses fall under clothing or costume accessories and are covered by the law.
Resources to interpret product categories
The MPCA suggests consulting the following sources for detailed description of the listed products.
- the Global Product Classification system
- relevant ASTM or other industry standards
- commonly used definitions in Black’s Law Dictionary or Merriam-Webster
MPCA’s approach to federal preemption
Minnesota's law does not apply to covered products containing lead or cadmium when the statute’s prohibitions are preempted by federal law. Specific to federal regulation of lead and cadmium content, however, unless there is a specific preemption in a federal law that says state limits cannot be more stringent than the federal limits, the mere existence of a federal limit does not preempt Minnesota's law.
How will the MPCA determine compliance with the limits?
To determine if a product or any of its components meet the statute's limits on lead and cadmium concentrations, complete acid digestion of a product sample is used as opposed to leaching tests. This mirrors the initial total metals step in ASTM F963. The concentration of lead or cadmium present in a product or component is calculated by dividing the mass of lead or cadmium found in a sample (sized and prepared for lab analysis) by the mass of that sample.
More information
We encourage questions about the law via the Ask MPCA online form.