HF 2277

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:

Section 1.

Minnesota Statutes 2018, section 609.684, is amended to read:

609.684 new text begin SALES AND new text end ABUSE OF TOXIC SUBSTANCES new text begin AND PRODUCTS
CONTAINING DFE new text end .

Subdivision 1.

Toxic substances.

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.

new text begin Subd. 2a. new text end

new text begin Sale of products containing DFE to persons under 21 years of age
prohibited. new text end

new text begin (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.
new text end

new text begin (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.
new text end

Subd. 3.

Use for intoxication prohibited.

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.

Subd. 4.

Notice required.

(a) A business establishment that offers for sale at retail any
toxic substance new 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 or new 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

new text begin "NOTICE
new text end

new text begin 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."
new text end

new text begin (c) new text end A business establishment may omit from the required notice new text begin in paragraph (a):
new text end

new text begin (1) new text end references to any toxic substance that is not offered for sale by that business
establishment new text begin ; or
new text end

new text begin (2) the reference to products containing 1,1-difluoroethane (DFE) if the establishment
does not sell any of those products new 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).

new text begin (e) A business establishment may combine the notices described in paragraphs (a) and
(b) into a single notice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to acts
committed on or after that date.
new text end