1.1 	A bill for an act
1.2 	relating to public safety; prohibiting the abuse of products containing DFE and 
1.3 	prohibiting the sale of those products to persons under the age of 21; requiring 
1.4 	notice; amending Minnesota Statutes 2018, section 609.684.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2018, section 609.684, is amended to read:
1.7 	609.684 SALES AND ABUSE OF TOXIC SUBSTANCES AND PRODUCTS 
1.8 	CONTAINING DFE.
1.9 		Subdivision 1.Toxic substances. For purposes of this section, "toxic substance" means:
1.10 	(1) glue, cement, or aerosol paint containing toluene, benzene, xylene, amyl nitrate, 
1.11 	butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does 
1.12 	not include glue, cement, or paint contained in a packaged kit for the construction of a model 
1.13 	automobile, airplane, or similar item;
1.14 	(2) butane or a butane lighter; or
1.15 	(3) any similar substance declared to be toxic to the central nervous system and to have 
1.16 	a potential for abuse, by a rule adopted by the commissioner of health under chapter 14.
1.17 		Subd. 2a.Sale of products containing DFE to persons under 21 years of age 
1.18 	prohibited. (a) A person is guilty of a petty misdemeanor who sells a product containing 
1.19 	1,1-difluoroethane (DFE) to a person under the age of 21.
1.20 	(b) It is an affirmative defense to a charge under this subdivision if the defendant proves 
1.21 	by a preponderance of the evidence that the defendant reasonably and in good faith relied 
1.22 	on proof of age as described in section 340A.503, subdivision 6.
2.1 		Subd. 3.Use for intoxication prohibited. A person is guilty of a misdemeanor who 
2.2 	uses or possesses any toxic substance or any product containing 1,1-difluoroethane (DFE) 
2.3 	with the intent of inducing intoxication, excitement, or stupefaction of the central nervous 
2.4 	system, except under the direction and supervision of a medical doctor. A person is guilty 
2.5 	of a misdemeanor who intentionally aids another in violation of this subdivision.
2.6 		Subd. 4.Notice required. (a) A business establishment that offers for sale at retail any 
2.7 	toxic substance or any product containing 1,1-difluoroethane (DFE) must display a 
2.8 	conspicuous sign that contains the following, or substantially similar, language:
2.9 	"NOTICE
2.10 	It is a misdemeanor for a person to use or possess glue, cement, or aerosol paint, or any 
2.11 	product containing 1,1-difluoroethane (DFE) with the intent of inducing intoxication, 
2.12 	excitement, or stupefaction of the central nervous system. This use can be harmful or fatal."
2.13 	(b) A business establishment that offers for sale at retail any product containing 
2.14 	1,1-difluoroethane (DFE) must display a conspicuous sign that contains the following, or 
2.15 	substantially similar, language:
2.16 	"NOTICE
2.17 	It is a petty misdemeanor for a person to sell a product containing 1,1-difluoroethane (DFE) 
2.18 	to a person under the age of 21."
2.19 	(c) A business establishment may omit from the required notice in paragraph (a):
2.20 	(1) references to any toxic substance that is not offered for sale by that business 
2.21 	establishment; or
2.22 	(2) the reference to products containing 1,1-difluoroethane (DFE) if the establishment 
2.23 	does not sell any of those products.
2.24 	(c)(d) A business establishment that does not sell any toxic substance listed in subdivision 
2.25 	1 other than butane or butane lighters and does not sell any product containing 
2.26 	1,1-difluoroethane (DFE) is not required to post a notice under paragraph (a).
2.27 	(e) A business establishment may combine the notices described in paragraphs (a) and 
2.28 	(b) into a single notice.

2.29 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to acts 
2.30 	committed on or after that date.