Minnesota Legislature
SF 5206
as introduced - 93rd Legislature (2023 - 2024) Posted on 04/16/2024 09:34am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
A bill for an act
relating to commerce; defining appeal to individuals under 21 years of age related
to packaging and advertising; amending Minnesota Statutes 2023 Supplement,
section 342.62, subdivision 3, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 342.62, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Appeal to individuals under 21 years of age. new text end
new text begin
For the purposes of this section
and section 342.64, "appeal to individuals under 21 years of age" means any of the following:
new text end
new text begin
(1) the use of images, including but not limited to any of the following:
new text end
new text begin
(i) images depicting cartoons, toys, or robots;
new text end
new text begin
(ii) images depicting any real or fictional humans; and
new text end
new text begin
(iii) images depicting any fictional animals or creatures;
new text end
new text begin
(2) the use of images depicting fruits or vegetables, except when used to accurately
describe ingredients or flavors contained in a product;
new text end
new text begin
(3) the use of any images bearing a likeness to images, characters, or phrases that are
popularly used to advertise to children;
new text end
new text begin
(4) the use of any image imitating candy packaging or labeling, or imitating other
packaging or labeling of cereals, sweets, chips, or other food products typically marketed
to children;
new text end
new text begin
(5) the use of terms "candy" or "candies" or variants in spelling of the term "candy,"
such as "kandy" or "kandee";
new text end
new text begin
(6) the use of brand names or close imitations of brand names of candies, cereals, sweets,
chips, or other food products typically marketed to children; and
new text end
new text begin
(7) the use of any other image or packaging that could be easily confused with
commercially available foods that do not contain cannabis and are typically marketed to
children.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 342.62, subdivision 3, is amended
to read:
Subd. 3.
Packaging prohibitions.
(a) Cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products sold to customers or patients must not
be packaged in a manner that:
(1) bears a reasonable resemblance to any commercially available product that does not
contain cannabinoids, whether the manufacturer of the product holds a registered trademark
or has registered the trade dress; or
(2) is designed to appeal to deleted text begin personsdeleted text end new text begin individualsnew text end under 21 years of age.
(b) Packaging for cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products must not contain or be coated with any perfluoroalkyl
substance.
(c) Edible cannabis products and lower-potency hemp edibles must not be packaged in
a material that is not approved by the United States Food and Drug Administration for use
in packaging food.