SF 2385

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/25/2010 11:37am

A bill for an act
relating to commerce; regulating cadmium in children's jewelry; 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.3891] CADMIUM IN CHILDREN'S JEWELRY.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) 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-963-08;
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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" means jewelry that is made for, marketed for use by, or
sold to a child.
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new text begin Subd. 2. new text end

new text begin Prohibitions. new text end

new text begin (a) A person may not use or apply cadmium in excess of
75 parts per million on any surface coating or accessible substrate material of children's
jewelry, as determined through solubility testing for heavy metals defined in the ASTM
International Safety Specification on Toy Safety, ASTM standard F-963-08, if the product
is sold in this state. This section shall not regulate any product category for which an
existing federal standard regulates cadmium exposure in surface coatings and accessible
substrate materials.
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new text begin (b) The prohibitions under this subdivision do 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.
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Sec. 2. new text begin EFFECTIVE DATE.
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new text begin This act is effective January 1, 2011.
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