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Minnesota is Now Requiring Lead and Cadmium Testing for Plano Sunglasses

Sunglasses or other eyeglasses without corrective lenses fall under clothing or costume accessories and are covered by the law.

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(PRESS RELEASE) Minnesota passed a law prohibiting a person or a business from importing, manufacturing, selling, holding for sale, distributing, or offering products falling into specific categories that state if those products contain lead at more than 0.009 percent by total weight (90 ppm) or cadmium at 0.0075 (75 ppm) by total weight.

There may have been initial confusion about including optical products in the law’s categories. However, the Minnesota Pollution Control Agency (MPCA) has clarified that plano sunglasses are considered clothing or costume accessories under the law, while prescription eyewear and over-the-counter reading glasses are exempt. They issued the following statement:

Eyewear with prescription corrective lenses does not fit in any of the law’s product categories. However, sunglasses or other eyeglasses without corrective lenses fall under clothing or costume accessories and are covered by the law.

Plano sunglasses must undergo and satisfy cadmium and lead testing to the tolerances set out above before they may be introduced into the commerce of Minnesota. MPCA has the authority to enforce this law, with civil penalties ranging up to $10,000 per day per violation.

The designated categories affected by the law are:

  • 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

Any questions can be directed to Rick Van Arnam, The Vision Council’s regulatory affairs counsel, at rvanarnam@barnesrichardson.com.

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