SF 1590

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 04/12/2010 12:26pm

A bill for an act
relating to consumer protection; protecting customers from injuries resulting
from use of inflatable play equipment used for commercial purposes; requiring
the presence of trained supervisors and liability insurance; regulating cadmium
in children's jewelry; proposing coding for new law in Minnesota Statutes,
chapters 184B; 325E.

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

Section 1.

new text begin [184B.20] INFLATABLE AMUSEMENT EQUIPMENT.
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 terms defined in
this subdivision have the meanings given.
new text end

new text begin (b) "Commercial use" means regular use of an inflatable for profit by an owner
at a permanently located facility:
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new text begin (1) to which the general public is invited; or
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new text begin (2) which the owner makes available at that facility for private parties or other events.
new text end

new text begin "Commercial use" does not include use of an inflatable (i) at a carnival, festival, fair,
private party, or similar venue at a location other than the permanently located facility, or
(ii) at a facility where the use of the inflatable is incidental to the primary use of the facility.
new text end

new text begin (c) "Inflatable" means an amusement device, used to bounce or otherwise play on,
that incorporates a structural and mechanical system and employs a high-strength fabric or
film that achieves its strength, shape, and stability by tensioning from internal air pressure.
new text end

new text begin (d) "Owner" means a person who owns, leases as lessee, or controls the operation of
an inflatable for commercial use.
new text end

new text begin (e) "Person" has the meaning given in section 302A.011, subdivision 22.
new text end

new text begin (f) "Supervisor" means an individual stationed within close proximity to an inflatable
during its use, for the purpose of supervising its safe use.
new text end

new text begin (g) "Trained" means that an individual has received instruction in how to supervise
the safe use of inflatables in accordance with industry and ASTM standards.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No owner shall provide an inflatable for commercial use in
this state by others unless the owner complies with this section.
new text end

new text begin Subd. 3. new text end

new text begin Protection against injuries from falls. new text end

new text begin An inflatable that is in commercial
use must be placed in a manner that complies with ASTM Standard F 2374.07, adopted
by the American Society for Testing and Materials, including any future updates to that
standard.
new text end

new text begin Subd. 4. new text end

new text begin Supervision by trained person required. new text end

new text begin No owner of an inflatable shall
allow commercial use of the inflatable unless a trained supervisor is present in close
proximity to the inflatable and is actively supervising its use. The ratio of supervisors to
inflatables must comply with ASTM Standard F 2374.07, as referenced under subdivision
3.
new text end

new text begin Subd. 5. new text end

new text begin Insurance required; waiver of liability limited. new text end

new text begin (a) An owner of an
inflatable that is subject to subdivision 2 shall maintain liability insurance covering
liability for a death or injury resulting from commercial use of the inflatable with limits of
no less than $1,000,000 per occurrence and $2,000,000 aggregate per year. The insurance
shall also include medical payments coverage of no less than $5,000 per occurrence,
which may be limited to injuries incurred while using an inflatable, including getting on or
off of the inflatable. The insurance must be issued by an insurance company authorized to
issue the coverage in this state by the commissioner of commerce, and must be kept in
force during the entire period of registration. In the event of a policy cancellation, the
insurer will send written notice to the commissioner of labor and industry at the same time
that a cancellation request is received from or a notice is sent to the insured.
new text end

new text begin (b) A waiver of liability signed by or on behalf of a minor for injuries arising out of
the negligence of the owner or the owner's employee or designee is void.
new text end

new text begin Subd. 6. new text end

new text begin Registration required. new text end

new text begin An owner of an inflatable that is subject to
subdivision 2 must obtain and maintain a current registration with the commissioner of
labor and industry. The registration information must include the name, address, telephone
number, and e-mail address of the owner, the street address of each facility at which
the owner regularly provides inflatables for commercial use in this state by others, and
a current insurance certificate of coverage proving full compliance with subdivision 5.
The commissioner shall issue and renew a certificate of registration only to owners who
comply with this section. The commissioner shall charge a registration fee of $100 for
a two-year registration designed to cover the cost of registration and enforcement. Fee
receipts must be deposited in the state treasury and credited to the construction code
fund. The registration certificate shall be issued and renewed for a two-year period.
The registrant shall promptly notify the commissioner in writing of any changes in the
registration information required in this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin The commissioner of labor and industry shall enforce this
section and may use for that purpose section 326B.082 and any powers otherwise available
to the commissioner for enforcement purposes, including suspension or revocation of the
person's registration and assessment of fines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 2.

new text begin [325E.3891] CADMIUM IN CHILDREN'S JEWELRY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the term:
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new text begin (1) "accessible" has the meaning given in section 3.1.2 of the ASTM International
Safety Specification on Toy Safety, F-963;
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new text begin (2) "child" means an individual who is six years of age or younger; and
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new text begin (3) "children's jewelry" shall have the meaning set forth in section 325E.389,
subdivision 1, paragraph (c).
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new text begin Subd. 2. new text end

new text begin Prohibitions. new text end

new text begin Cadmium in any surface coating or accessible substrate
material of metal or plastic components of children's jewelry shall not exceed 75 parts per
million, as determined through solubility testing for heavy metals defined in the ASTM
International Safety Specification on Toy Safety, ASTM standard F-963 and subsequent
versions of this standard, if the product is sold in this state unless this requirement is
superseded by a federal standard regulating cadmium in children's jewelry. This section
shall not regulate any product category for which an existing federal standard regulates
cadmium exposure in surface coatings and accessible substrate materials as required
under ASTM F-963.
new text end

new text begin Subd. 3. new text end

new text begin Manufacturer or wholesaler. new text end

new text begin No manufacturer or wholesaler may sell
or offer for sale in this state children's jewelry that fails to meet the requirements of
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Retailer. new text end

new text begin No retailer may sell or offer for sale in this state children's
jewelry that fails to meet the requirements of subdivision 2. This subdivision does not
apply to sales or free distribution of jewelry by a nonprofit organization described in
section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of
jewelry not made in the normal course of business.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin The attorney general shall enforce this section under section
8.31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011, except that
subdivision 4 is effective March 1, 2011.
new text end