as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:50pm
A bill for an act
relating to public safety; prohibiting the abuse of products containing DFE and
prohibiting the sale of those products to persons under the age of 21; requiring
notice; amending Minnesota Statutes 2018, section 609.684.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 609.684, is amended to read:
For purposes of this section, "toxic substance" means:
(1) glue, cement, or aerosol paint containing toluene, benzene, xylene, amyl nitrate,
butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does
not include glue, cement, or paint contained in a packaged kit for the construction of a model
automobile, airplane, or similar item;
(2) butane or a butane lighter; or
(3) any similar substance declared to be toxic to the central nervous system and to have
a potential for abuse, by a rule adopted by the commissioner of health under chapter 14.
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(a) A person is guilty of a petty misdemeanor who sells a product containing
1,1-difluoroethane (DFE) to a person under the age of 21.
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(b) It is an affirmative defense to a charge under this subdivision if the defendant proves
by a preponderance of the evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
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A person is guilty of a misdemeanor who
uses or possesses any toxic substance new text begin or any product containing 1,1-difluoroethane (DFE)
new text end with the intent of inducing intoxication, excitement, or stupefaction of the central nervous
system, except under the direction and supervision of a medical doctor. A person is guilty
of a misdemeanor who intentionally aids another in violation of this subdivision.
(a) A business establishment that offers for sale at retail any
toxic substancenew text begin or any product containing 1,1-difluoroethane (DFE)new text end must display a
conspicuous sign that contains the following, or substantially similar, language:
"NOTICE
It is a misdemeanor for a person to use or possess glue, cement,new text begin ornew text end aerosol paint, new text begin or any
product containing 1,1-difluoroethane (DFE) new text end with the intent of inducing intoxication,
excitement, or stupefaction of the central nervous system. This use can be harmful or fatal."
(b) new text begin A business establishment that offers for sale at retail any product containing
1,1-difluoroethane (DFE) must display a conspicuous sign that contains the following, or
substantially similar, language:
new text end
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It is a petty misdemeanor for a person to sell a product containing 1,1-difluoroethane (DFE)
to a person under the age of 21."
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new text begin (c) new text end A business establishment may omit from the required notice new text begin in paragraph (a):
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new text begin (1) new text end references to any toxic substance that is not offered for sale by that business
establishmentnew text begin ; or
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new text begin (2) the reference to products containing 1,1-difluoroethane (DFE) if the establishment
does not sell any of those productsnew text end .
deleted text begin (c)deleted text end new text begin (d) new text end A business establishment that does not sell any toxic substance listed in subdivision
1 other than butane or butane lighters new text begin and does not sell any product containing
1,1-difluoroethane (DFE) new text end is not required to post a notice under paragraph (a).
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(e) A business establishment may combine the notices described in paragraphs (a) and
(b) into a single notice.
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This section is effective August 1, 2019, and applies to acts
committed on or after that date.
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