SF 1724

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

  1.1                          A bill for an act 
  1.2             relating to trade practices; regulating the sale of 
  1.3             motor vehicle paint, thinner, and reducer; providing 
  1.4             penalties and remedies; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 325E. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325E.381] [SALES OF MOTOR VEHICLE PAINT, 
  1.8   THINNER, AND REDUCER.] 
  1.9      Subdivision 1.  [COMMERCIAL SALES.] A person engaged in the 
  1.10  retail or wholesale sale of motor vehicle paint, thinner, or 
  1.11  reducer for commercial use must keep a record of the hazardous 
  1.12  waste generator identification number and, when required of a 
  1.13  purchaser under section 116.07, subdivision 4a, the air quality 
  1.14  permit number of each purchaser of these products, and must list 
  1.15  the numbers on sales receipts and invoices.  A person may not 
  1.16  sell motor vehicle paint, thinner, or reducer for commercial use 
  1.17  to a person that does not have a hazardous waste generator 
  1.18  identification number and an air quality permit number.  A paint 
  1.19  product labeled "for professional use only, not for sale to 
  1.20  general public" or similar wording is included in this 
  1.21  requirement. 
  1.22     Subd. 2.  [NONCOMMERCIAL SALES.] A person engaged in the 
  1.23  retail sale of motor vehicle paint, thinner, or reducer for 
  1.24  noncommercial use must keep a record of the name, address, and 
  1.25  social security number or drivers license number of purchasers 
  2.1   of the products.  On a form to be provided by the retailer, the 
  2.2   purchaser shall certify that the purchaser is the consumer of 
  2.3   the product, that the product will be put to a noncommercial 
  2.4   use, that the purchaser is aware of the health and environmental 
  2.5   hazards involved in the use and disposal of the product, and 
  2.6   that the consumer will properly use and dispose of the product.  
  2.7   The retailer shall keep a record of noncommercial sales and 
  2.8   report annually to the Minnesota pollution control agency the 
  2.9   total volume of all noncommercial sales. 
  2.10     Subd. 3.  [EXEMPT SALES.] Subdivisions 1 and 2 do not apply 
  2.11  to quantities of less than six ounces or to paint products in an 
  2.12  aerosol form intended for use by the general public. 
  2.13     Sec. 2.  [325E.382] [PENALTIES.] 
  2.14     A vendor who violates the provisions of section 1 or a 
  2.15  purchaser who makes a false representation in the course of such 
  2.16  a purchase is guilty of a misdemeanor and is also subject to 
  2.17  penalties and remedies under section 8.31.