HF 3539

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 05:40pm

A bill for an act
relating to commerce; establishing sales restrictions of aerosol dusters containing
1,1-difluoroethane; providing criminal penalties; proposing coding for new law
in Minnesota Statutes, chapter 325F.

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

Section 1.

new text begin [325F.078] SALES OF AEROSOL DUSTERS CONTAINING 1,1-
DIFLUOROETHANE (DFE).
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Aerosol duster" means a product used to clean electronics and other items by means
of an aerosol sprayed from a pressurized container.
new text end

new text begin (c) "Behind-the-counter" means placement by a retailer of a product to ensure that
customers do not have direct access to the product before a sale is made, requiring the seller
to deliver the product directly to the buyer.
new text end

new text begin (d) "DFE" or "1,1-difluoroethane" means a chemical with a Chemicals Abstract Service
Registry Number of 75-37-6.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for retail sale. new text end

new text begin A retailer must only sell an aerosol duster that
contains DFE:
new text end

new text begin (1) from behind-the-counter;
new text end

new text begin (2) to a purchaser who presents valid evidence that the purchaser is at least 21 years of
age; and
new text end

new text begin (3) in a quantity that complies with the purchasing limit established in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Purchasing limit. new text end

new text begin A retailer is prohibited from selling more than three cans of
an aerosol duster to a customer in a single transaction.
new text end

new text begin Subd. 4. new text end

new text begin Exemption. new text end

new text begin Subdivisions 2 and 3 do not apply to a business purchasing aerosol
dusters online.
new text end

new text begin Subd. 5. new text end

new text begin Labeling. new text end

new text begin (a) An aerosol duster must not be sold in this state unless the aerosol
duster conforms to the labeling requirements established in this subdivision.
new text end

new text begin (b) The label on each can of aerosol duster must contain the following, placed within a
red rectangle encompassing at least one-half of the area of the rear side of the can:
new text end

new text begin (1) at the top left corner of the rectangle, the words "Inhalant Abuse Public Safety
Announcement" in red ink on a white background that covers one quarter of the rear side
of the can;
new text end

new text begin (2) below the words in clause (1), the words "DANGER: DEATH! Breathing this product
to get high can kill you" in white ink on a red background;
new text end

new text begin (3) at the top right corner of the rectangle, a skull and crossbones symbol in black ink
on a yellow background contained within a triangle, and the word "DANGER" in black ink
on a yellow background just below the triangle;
new text end

new text begin (4) below the symbol in clause (3), in black ink on a white background, the words:
"Abuse or Misuse" underlined, under which are the words "Danger: Can stop your heart
Caution: Can cut off air to your brain Warning: Can result in death";
new text end

new text begin (5) below the words in clause (4), a drawing of a person lying on the ground, in white
ink, within a red circle, on a white background, contained within a red triangle;
new text end

new text begin (6) below the triangle in clause (5), in white ink on a red background, the word
"WARNING," and, below that, "Risk of death when abused or misused";
new text end

new text begin (7) across the bottom of the rectangle, in black type on a white background, the words
"This product contains a bittering agent to help discourage inhalant abuse. The misuse and
abuse of this product by deliberately concentrating and inhaling the chemical contents
presents a serious health hazard and can result in fatality. Please use this product responsibly
as the product was intended."; and
new text end

new text begin (8) below the words in clause (7), two smaller versions of the skull and crossbones
symbols described in clause (3) on a white background, placed equidistant from the edges
of the red rectangle, and in between which, in red ink, is the website address
"www.inhalant.org."
new text end

new text begin (c) The safety symbols and color standards of the label described in this section must
conform with the ANSI Z535 safety signage standards guidelines established by the American
National Standards Institute.
new text end

new text begin Subd. 6. new text end

new text begin Violations. new text end

new text begin (a) A person that violates subdivision 2 or 3 is guilty of a
misdemeanor.
new text end

new text begin (b) It is an affirmative defense to a charge under subdivision 2, clause (2), 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to purchases of aerosol dusters made on or after that date.
new text end