HF 3891

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 04:25pm

A bill for an act
relating to commerce; prohibiting the sale of water in plastic containers; proposing
coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.047] BOTTLED WATER; PROHIBITION OF SALE.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin A manufacturer, wholesaler, or retailer is prohibited from
selling or offering for sale bottled water in Minnesota.
new text end

new text begin Subd. 2. 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 them.
new text end

new text begin (b) "Bottled water" means water contained in a formed or molded container that:
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new text begin (1) is comprised primarily of plastic resin;
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new text begin (2) is sealed; and
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new text begin (3) holds one gallon or less when full.
new text end

new text begin (c) "Water" means any of the following, if intended for human consumption: natural
spring or well water; water from municipal or private utility systems or other sources;
distilled, deionized, filtered, or other purified water; mineral water; carbonated, sparkling,
or tonic water; or any of the foregoing to which a chemical or flavoring is added. Water
does not include products that are not marketed as water.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A manufacturer, wholesaler,
or retailer that violates subdivision 1 is subject to a civil penalty of $50 for each prepackaged
saleable unit offered for sale, up to a maximum penalty of $500, and may be enjoined from
the violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction to recover civil penalties or for injunctive relief as provided in this
subdivision. The attorney general may accept an assurance of discontinuance of acts in
violation of subdivision 1 in the manner provided in section 8.31, subdivision 2b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end