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 145.40section 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.