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HF 2521

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to consumer protection; regulating deceptive 
  1.3             trade practices related to environmental marketing 
  1.4             claims; amending Minnesota Statutes 1994, section 
  1.5             8.31, subdivision 1; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 325E. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 8.31, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [INVESTIGATE OFFENSES AGAINST THE 
  1.11  PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN 
  1.12  ENFORCEMENT.] The attorney general shall investigate violations 
  1.13  of the law of this state respecting unfair, discriminatory, and 
  1.14  other unlawful practices in business, commerce, or trade, and 
  1.15  specifically, but not exclusively, the nonprofit corporation act 
  1.16  (sections 317A.001 to 317A.909), the act against unfair 
  1.17  discrimination and competition (sections 325D.01 to 325D.08), 
  1.18  the unlawful trade practices act (sections 325D.09 to 325D.16), 
  1.19  the antitrust act (sections 325D.49 to 325D.66), section 
  1.20  sections 325E.41 and 325F.67 and other laws against false or 
  1.21  fraudulent advertising, the antidiscrimination acts contained in 
  1.22  section 325D.67, the act against monopolization of food products 
  1.23  (section 325D.68), the act regulating telephone advertising 
  1.24  services (section 325E.39), the prevention of consumer fraud act 
  1.25  (sections 325F.68 to 325F.70), and chapter 53A regulating 
  1.26  currency exchanges and assist in the enforcement of those laws 
  2.1   as in this section provided. 
  2.2      Sec. 2.  [325E.41] [DECEPTIVE TRADE PRACTICES; 
  2.3   ENVIRONMENTAL MARKETING CLAIMS.] 
  2.4      Subdivision 1.  [ADOPTION OF FEDERAL GUIDES.] A 
  2.5   manufacturer, packager, wholesaler, or retailer who makes, in 
  2.6   any manner, an environmental claim for a product sold or offered 
  2.7   for sale or distribution in this state, including those related 
  2.8   to the product's packaging, shall comply with Code of Federal 
  2.9   Regulations, title 16, part 260, "Guides for the Use of 
  2.10  Environmental Marketing Claims." 
  2.11     Subd. 2.  [INVESTIGATION; ENFORCEMENT.] A person who 
  2.12  violates this section is subject to the penalties and remedies 
  2.13  in section 8.31. 
  2.14     Subd. 3.  [PUBLICATION OF VIOLATIONS.] The attorney general 
  2.15  shall make available, upon written request by any member of the 
  2.16  public, a list of any persons who have failed to comply with 
  2.17  this section. 
  2.18     Sec. 3.  [EFFECTIVE DATE.] 
  2.19     Section 2, subdivision 3, is effective June 1, 1997.