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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1992 

                        CHAPTER 485-S.F.No. 979 
           An act relating to crimes; providing that it is a 
          misdemeanor to sell a toxic substance containing 
          butane to a minor; moving certain misdemeanor 
          provisions to the criminal code; amending Minnesota 
          Statutes 1990, section 145.406; proposing coding for 
          new law in Minnesota Statutes, chapter 609; repealing 
          Minnesota Statutes 1990, sections 145.38; 145.385; 
          145.39; and 145.40. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 145.406, is 
amended to read: 
    145.406 [INFORMATION ON THE SALE AND USE OF TOXIC 
SUBSTANCES.] 
    The commissioner of health shall prepare and distribute 
materials designed to provide information to retail businesses 
on the requirements of sections 145.38 to 145.40 section 609.684.
    Sec. 2.  [609.684] [SALE OF TOXIC SUBSTANCES TO CHILDREN; 
ABUSE OF TOXIC SUBSTANCES.] 
    Subdivision 1.  [TOXIC SUBSTANCES.] For purposes of this 
section, "toxic substance" means: 
    (1) glue, cement, or aerosol paint containing toluene, 
benzene, xylene, amyl nitrate, butyl nitrate, nitrous oxide, or 
containing other aromatic hydrocarbon solvents, but does not 
include glue, cement, or paint contained in a packaged kit for 
the construction of a model automobile, airplane, or similar 
item; 
    (2) butane or a butane lighter; or 
    (3) any similar substance declared to be toxic to the 
central nervous system and to have a potential for abuse, by a 
rule adopted by the commissioner of health under chapter 14. 
    Subd. 2.  [SALE TO MINORS.] (a) A person is guilty of a 
misdemeanor who sells a toxic substance to a person under the 
age of 18. 
    (b) It is an affirmative defense to a charge under this 
subdivision if the defendant proves by a preponderance of the 
evidence that the defendant reasonably and in good faith relied 
on proof of age as described in section 340A.503, subdivision 6. 
    Subd. 3.  [USE FOR INTOXICATION PROHIBITED.] A person is 
guilty of a misdemeanor who uses or possesses any toxic 
substance with the intent of inducing intoxication, excitement, 
or stupefaction of the central nervous system, except under the 
direction and supervision of a medical doctor.  A person is 
guilty of a misdemeanor who intentionally aids another in 
violation of this subdivision. 
    Subd. 4.  [NOTICE REQUIRED.] (a) A business establishment 
that offers for sale at retail any toxic substance must display 
a conspicuous sign that contains the following, or substantially 
similar, language: 
 "NOTICE
It is unlawful for a person to sell glue, cement, or aerosol 
paint containing intoxicating substances, to a person under 18 
years of age, except as provided by law.  This offense is a 
misdemeanor.  It is also a misdemeanor for a person to use or 
possess glue, cement, aerosol paint, with the intent of inducing 
intoxication, excitement, or stupefaction of the central nervous 
system.  This use can be harmful or fatal." 
     (b) A business establishment may omit from the required 
notice references to any toxic substance that is not offered for 
sale by that business establishment. 
     (c) A business establishment that does not sell any toxic 
substance listed in subdivision 1 other than butane or butane 
lighters shall post a sign stating that it is illegal to sell 
butane or butane lighters to anyone under the age of 18.  This 
sign shall fulfill the requirements under this subdivision. 
    Sec. 3.  [REPEALER.] 
    Minnesota Statutes 1990, sections 145.38, 145.385, 145.39, 
and 145.40 are repealed. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 2 and 3 are effective July 1, 1992, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 16, 1992 
    Signed by the governor April 20, 1992, 4:48 p.m.