HF 1536

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 05:41pm

A bill for an act
relating to local government; sanitization regulation and inspections for certain
licensees who sell electronic delivery devices; amending Minnesota Statutes 2014,
section 461.19; proposing coding for new law in Minnesota Statutes, chapter 461.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 461.19, is amended to read:

461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.

Sections 461.12 to 461.18 new text begin and 461.22 new text end do not preempt a local ordinance that provides
for more restrictive regulation of sales of tobacco, tobacco-related devices, electronic
delivery devices, and nicotine and lobelia products. A governing body shall give notice
of its intention to consider adoption or substantial amendment of any local ordinance
required under section 461.12 or permitted under this section. The governing body shall
take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
known address of each licensee or person required to hold a license under section 461.12.
The notice shall state the time, place, and date of the meeting and the subject matter of
the proposed ordinance.

Sec. 2.

new text begin [461.22] INSPECTION OF CERTAIN FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Authorized licensing authority" means a town board or the governing body of
a home rule charter city, statutory city, county board, or the State Agricultural Society
granted the authority to license and regulate tobacco, tobacco-related devices, and
electronic delivery devices under section 461.12.
new text end

new text begin (c) "Customer" means any person who is not an employee of a licensee who enters
the licensee's business establishment, whether or not the person purchases any product
from the licensee.
new text end

new text begin (d) "Electronic delivery device" has the meaning given in section 609.685,
subdivision 1.
new text end

new text begin (e) "Handwashing station" means a sink or basin connected to a safe, sanitary,
and adequate supply of water for washing hands, which includes soap and single-use
disposable paper towels or an electric hand dryer, placed for use in maintaining personal
hygiene and designed for the washing of hands.
new text end

new text begin (f) "Licensee" means any entity licensed under section 461.12 that:
new text end

new text begin (1) engages in the sale of electronic delivery devices; and
new text end

new text begin (2) engages in the mixing of a solution to be used in an electronic delivery device,
allows employees or customers to sample an electronic delivery device or a solution to be
used in an electronic delivery device, or both.
new text end

new text begin (g) "Mixing" means preparing a solution for purposes of using that solution in an
electronic delivery device.
new text end

new text begin (h) "Mixing area" means the physical area where an individual, including the licensee,
employees of the licensee, or an individual at the request of the licensee, engages in mixing.
new text end

new text begin (i) "Sampling" means the act of trying an electronic delivery device or any solution
intended to be used in an electronic delivery device.
new text end

new text begin (j) "Solution" means any mixture intended to be used in an electronic delivery
device that may include, but is not limited to, concentrated or pure nicotine, propylene
glycol, glycerin, or flavorings.
new text end

new text begin Subd. 2. new text end

new text begin Required sanitary measures for mixing areas. new text end

new text begin (a) This subdivision
shall apply to an individual engaged in mixing a solution to be used in an electronic
delivery device, including a licensee, employee of a licensee, or individual requested by
the licensee to engage in mixing.
new text end

new text begin (b) Licensees shall ensure that all mixing areas are equipped with a handwashing
station for use by the licensee or employees of the licensee.
new text end

new text begin (c) All licensees and employees of a licensee shall abide by the following sanitary
measures when in the mixing area:
new text end

new text begin (1) clean hands and exposed portions of arms with soap and hot water in a
handwashing station in the mixing area upon entry into the mixing area and prior to
leaving the mixing area;
new text end

new text begin (2) wear clean clothing whenever in the mixing area;
new text end

new text begin (3) refrain from consuming food or drink while in the mixing area;
new text end

new text begin (4) if wearing gloves, gloves must be for single use only, disposed of immediately
after mixing, and not made of cloth;
new text end

new text begin (5) either dispose of all utensils used in the mixing area immediately after use or
thoroughly wash utensils with soap and hot water immediately prior to and immediately
after use; and
new text end

new text begin (6) keep all floors, walls, ceilings, counters, and other surfaces in the mixing area
clean.
new text end

new text begin Subd. 3. new text end

new text begin Required sanitary measures for sampling. new text end

new text begin (a) This subdivision shall
apply to any licensee that allows employees or customers to sample electronic delivery
devices or a solution within the licensee's business.
new text end

new text begin (b) All licensees and employees of a licensee shall use only single-use disposable
pieces for all portions of an electronic delivery device that come in contact with a
customer or employee's mouth.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for handling of nicotine. new text end

new text begin (a) This subdivision shall only
apply to a licensee that engages in mixing.
new text end

new text begin (b) Any licensee that stores, handles, or otherwise possesses pure or diluted nicotine
must:
new text end

new text begin (1) train all employees and post safety standards in accordance with Minnesota
Rules, part 5206.0700, and Code of Federal Regulations, title 29, section 1910.1200; and
new text end

new text begin (2) notify the licensee's local fire and police departments that pure or diluted nicotine
is on the premises and provide the departments with a written description of the general
quantities of pure or diluted nicotine that the licensee possesses at any given time.
new text end

new text begin Subd. 5. new text end

new text begin Inspection authority. new text end

new text begin The authorized licensing authority shall inspect, at
least once annually, each licensee under this section for compliance with subdivisions 2
and 3, as those subdivisions apply to a particular licensee.
new text end

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin If a licensee or employee of a licensee violates any provision under
this section, the licensee shall be charged an administrative penalty of $75. For a second
violation at the same location within 24 months of the initial violation, an administrative
penalty of $200 must be imposed. For a third violation at the same location within 24
months after the initial violation, an administrative penalty of $250 must be imposed,
and the licensee's authority to sell electronic delivery devices at that location must be
suspended for not less than seven days. No suspension or penalty may take effect until the
licensee has received notice, served personally or by mail, of the alleged violation, and has
had an opportunity for a hearing before a person authorized by the licensing authority to
conduct the hearing. A decision that a violation has occurred must be in writing.
new text end