HF3631

Purpose

• To reduce plastic waste by banning hotels and health clubs from providing personal care products in plastic containers or plastic packaging that guests can remove from the premises.

Key Definitions (as used in the section)

• Commissioner: The commissioner of the Minnesota Pollution Control Agency.
• Guest: A person using the facilities of a health club or hotel (as defined in existing law).
• Health club: A facility defined by Minnesota law.
• Hotel: A lodging facility defined by Minnesota law.
• Lotion: A thick liquid or cream applied to the body for medicinal or cosmetic purposes.
• Personal care product: Products such as shampoo, conditioner, bath soap, body wash or shower gel, disposable razor, lotion, hand soap, and hand sanitizer intended for use on the body in the shower or bath.

Prohibition

• Hotels and health clubs may not provide a personal care product in a plastic container, plastic wrapper, or other plastic packaging that a guest may remove from the premises.

Allowed Alternatives and Exceptions

• This ban does not restrict:
  • The use of plastic refillable bulk personal care product dispensers.
  • Personal care product containers, wrappers, or packaging that are not made of plastic.
  • The requirement to use refillable bulk personal care product dispensers (i.e., facilities are not forced to use refillable dispensers, but they’re not prohibited from using non-plastic options).

Guest Access Exception

• A hotel may make products restricted under the ban available to a guest upon request.

Enforcement and Penalties

• Enforcement: The Minnesota Pollution Control Agency (the Commissioner) or a county board may enforce the section under the state environmental enforcement framework, with the county board needing to follow applicable steps.
• First violation: A notice of violation must be issued by certified mail; no monetary penalty may be assessed at this stage.
• Subsequent violations: Civil penalties may be assessed, up to $500 for each day of violation.
• Annual cap: No more than $10,000 in civil penalties may be assessed against a single establishment in a given year.

Effect on Law

• This creates a new prohibition within Minnesota Statutes (Chapter 325E) specific to plastic personal care product containers at hotels and health clubs, with defined enforcement mechanisms and penalties.

Relevant Terms - plastic containers, plastic packaging, plastic refuse, plastic waste - personal care product, shampoo, conditioner, bath soap, body wash, shower gel, razor, lotion, hand soap, hand sanitizer - hotel, health club, guest - plastic refillable bulk dispensers, refillable bulk dispensers - non-plastic packaging, non-plastic containers - Commissioner, Minnesota Pollution Control Agency - enforcement, notice of violation, civil penalty, daily penalty, annual cap - section 116.072, county board enforcement