Legislation related to concerns about chemicals used in consumer products, especially those that are intended for children, was passed in 2009 by the Minnesota Legislature and signed by the governor.
The legislation requires MDH to create and maintain two lists of chemicals: Chemicals of High Concern and Priority Chemicals. The Chemicals of High Concern list, which was first published July 1, 2010, was used in selecting the Priority Chemicals.

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Are there requirements for manufacturers or retailers related to the Chemicals of High Concern or Priority Chemical lists?

In Minnesota there are no manufacturer or retailer requirements. However, in other states these types of lists are used in creating requirements for manufacturers to report which products contain priority chemicals as designated by those states.
Minnesota would need to amend current or pass new legislation to require manufacturers to report in Minnesota.

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What types of chemicals are on the Chemicals of High Concern list?

The Chemicals of High Concern list contains a variety of chemicals such as dyes, solvents, plasticizers, flame retardants, and many others.
Each chemical has at least one hazard characteristic that causes it to qualify for the list, such as being neurotoxic, immunotoxic, or being persistent and bioaccumulative.
For the full list of the criteria that could qualify a chemical for the list, see Minnesota Statute 2024 Section 116.9401 part e.

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How was the Chemicals of High Concern list created?

Chemicals on the Chemicals of High Concern list were selected after reviewing the hazard characteristics of chemicals studied by other state, national and international agencies.
A full description of how the list was originally created is available in the Minnesota Chemicals of High Concern List Methodology (PDF). The Chemicals of High Concern list is required to be updated by MDH every three years and detailed information about these updates can be found on the Reports page.

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What does MDH do with the Chemicals of High Concern list?

MDH uses the Chemicals of High Concern for selection of the Priority Chemicals.
The statue restricts Priority Chemicals to “High Production Volume” chemicals named by the Environmental Protection Agency. Only those chemicals with High Production Volume status on the Chemicals of High Concern list are eligible for the Priority Chemicals list.
The current Chemicals of High Concern list can be found on the Chemicals of High Concern page.

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What does it mean if a chemical is on the Chemicals of High Concern list?

The Chemicals of High Concern list was created by reviewing animal studies and human data, when available, that provide information about the potential of the chemical to cause a health effect.
Chemicals on the Chemicals of High Concern list are considered a potential hazard to human health for people who may be exposed to them.

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How often will the Chemical of High Concerns list be revised?

Minnesota Statute. 2024 116.9402 requires review and revision of the Chemicals of High Concern list at least every three years. Time and resource availability will be factors in determining if the list will be revised more frequently.
The current list can be found on the Chemicals of High Concern page. Detailed information about reviews and revisions to the Chemicals of High Concern list can be found on the Reports page.

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Which other states have this type of list?

Minnesota is the third state to have this specific type of chemical list required by legislation. Two other states, Maine and Washington, have very similar legislation requiring similar chemical lists. Maine was the first state to have this legislation, termed Safer Chemicals in Children's Products.
The Maine Department of Environmental Protection (DEP) published a Chemicals of High Concern list in July 2009. Maine DEP first published their Priority Chemicals list in January 2011.
In Washington, 2008 legislation required the Washington Department of Ecology to publish one list under the Children's Safe Product Act, called Chemicals of High Concern for Children. This list is available within the proposed Chapter 173 -334 WAC Children's Safe Product - Reporting Rule.
Other states have also passed similar legislation. Vermont with its Chemical Disclosure Program for Children’s Products, and Oregon with its own Toxic Free Kids Act-Oregon.
Many other agencies, including several state environmental agencies, the U.S. Environmental Protection Agency, and international agencies have also created chemical lists containing chemicals that are believed to pose health or environmental concerns.

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Toxic Free Kids

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