2000 Minnesota Statutes

CHAPTER 24. Chemical compounds

     24.001 Definition.  

    Subdivision 1.  Except where the context otherwise 
 indicates, for the purposes of this chapter, the terms defined 
 in this section have the meanings given them.  

    Subd. 2.  "Commissioner" means the commissioner of the 
 department of agriculture.  

    HIST: 1961 c 113 s 1; 1961 c 128 s 8 

     24.002 Enforcement.  

    The commissioner is charged with the proper enforcement of 
 all the provisions of this chapter.  

    HIST: (3894, 3905, 3906-5, 3942) 1907 c 421 s 5; 1909 c 62 s 
 6; 1915 c 335 s 5; 1925 c 187 s 5 

  24.01 Repealed, Ex1961 c 58 s 12 

    24.02 Subdivision 1.  Obsolete 

    Subd. 2.  Repealed, Ex1961 c 58 s 12 

    Subd. 3.  Repealed, Ex1961 c 58 s 12 

    Subd. 4.  Renumbered 31.401 

    Subd. 5.  Repealed, 1961 c 231 s 11 

    Subd. 6.  Renumbered 24.069 subd 2 

    Subd. 7.  Renumbered 24.069 subd 3 

    Subd. 8.  Renumbered 24.069 subd 4 

    Subd. 9.  Renumbered 24.069 subd 5 

    Subd. 10.  Renumbered 24.069 subd 6 

    Subd. 11.  Renumbered 24.069 subd 7 

    Subd. 12.  Renumbered 24.069 subd 8 

    Subd. 13.  Renumbered 24.069 subd 9 

    Subd. 14.  Renumbered 24.069 subd 10 

    Subd. 15.  Renumbered 24.069 subd 11 

    Subd. 16.  Renumbered 24.069 subd 12 

    Subd. 17.  Renumbered 24.069 subd 13 

  24.03 Repealed, Ex1961 c 58 s 12 

  24.04 Repealed, Ex1961 c 58 s 12 

  24.05 Repealed, Ex1961 c 58 s 12 

  24.06 Repealed, Ex1961 c 58 s 12 

  24.069 Repealed, 1976 c 53 s 29 

  24.07 Repealed, 1945 c 427 s 11 

  24.071 Repealed, 1976 c 53 s 29 

  24.072 Repealed, 1976 c 53 s 29 

  24.0721 Repealed, 1976 c 53 s 29 

  24.073 Repealed, 1976 c 53 s 29 

  24.074 Repealed, 1976 c 53 s 29 

  24.075 Repealed, 1976 c 53 s 29 

  24.076 Repealed, 1976 c 53 s 29 

  24.077 Repealed, 1976 c 53 s 29 

  24.08 Repealed, 1945 c 427 s 11 

  24.09 Repealed, 1945 c 427 s 11 

  24.10 Repealed, 1945 c 427 s 11 

  24.11 Repealed, 1945 c 427 s 11 

     24.12 Linseed oil.  

    Subdivision 1.    Definitions.  Pure linseed oil shall 
 be defined as the oil obtained wholly from the seeds of the flax 
 plant and containing no added ingredient.  Boiled linseed oil 
 shall be defined as pure linseed oil with so-called dryers added 
 thereto, to an amount not exceeding three per cent of the total 
 product.  Pure linseed oil, as distinguished from boiled linseed 
 oil, shall be known as raw linseed oil.  Linseed replacement oil 
 shall be defined as oil complying with the specifications for 
 linseed replacement oil as provided by specifications of the 
 United States dated May 1, 1943, approved for use of all 
 departments and establishments of the federal government, and as 
 the same may be written from time to time hereafter.  If 
 designed or offered for sale or use as either pure linseed oil, 
 boiled linseed oil or linseed replacement oil, or as a 
 substitute for any of them, or in imitation or any of them, any 
 substance or preparation which is not included in the respective 
 definitions thereof shall be deemed adulterated, and the 
 manufacture thereof for sale within the state or the sale 
 thereof within the state is prohibited.  No person shall sell 
 pure linseed oil, boiled linseed oil or linseed replacement oil 
 unless each receptacle in which the same is kept for sale or 
 sold shall have distinctly, legibly and durably painted, 
 stamped, stenciled, or labeled thereon the true name of such 
 oil, setting forth, in bold-faced capital letters not smaller 
 than one inch in length, whether it be pure linseed oil, boiled 
 linseed oil, or linseed replacement oil; and there shall also 
 appear upon the receptacle the name and address of the 
 manufacturer of the oil.  

    Subd. 2.    Limitation on sale of replacement oil.  No 
 person shall sell in this state after October 1, 1947, linseed 
 replacement oil as defined in this section.  

    HIST: (3936) RL s 1772; 1947 c 102 s 1,2; 1961 c 146 s 15 

  24.13 Repealed, 1961 c 231 s 11 

     24.131 Citation, Minnesota Paint and Varnish Law.  

    Sections 24.131 to 24.175 may be cited as the Minnesota 
 Paint and Varnish Law.  

    HIST: 1961 c 231 s 1 

     24.135 Definitions. 

    Subdivision 1.    Scope.  As used in sections 24.131 to 
 24.175, the terms defined in this section have the meanings 
 given them.  

    Subd. 2.    Paint.  "Paint" means any mixture of a 
 pigment and some suitable liquid which will form a solid, 
 adherent, protective or decorative covering when spread upon a 
 surface.  It includes liquid, semipaste and solid substances or 
 any mixture of such substances.  The term "paint" includes 
 enamels, lacquers, water paints and any substitute for these 
 products but does not include artist's colors, waxes, wood 
 fillers, polishes, stains, plaster, stucco and waterproofing 
 compounds.  

    Subd. 3.    Varnish.  "Varnish" means any liquid or 
 semiliquid substance or mixture of substances, or any liquid or 
 semiliquid solution or suspension of substances intended for use 
 as a protective or decorative or impregnating coating when 
 spread upon a surface.  The term "varnish" does not include 
 artist's varnishes, waxes, polishes, and stains.  

    Subd. 4.    Solvent.  "Solvent" means any volatile 
 liquid or mixture of volatile liquids, including but not limited 
 to turpentine, intended for use in, or with, any paint or 
 varnish.  

    Subd. 5.    Paint oil.  "Paint oil" means any oil, or 
 mixture of oils and other liquids used or intended for use in 
 paint.  

    Subd. 6. Repealed, 1996 c 310 s 1 

    Subd. 7. Repealed, 1996 c 310 s 1 

    Subd. 8.    Label.  "Label" means the written, printed 
 or graphic matter on the immediate container of the article or 
 on the article itself and also on the outside container or 
 wrapper, if any there be, of the individual consumer package of 
 such article. 

    Subd. 9.    Labeling.  "Labeling" means all labels and 
 other written, printed or graphic matter, (1) upon any article 
 or any of its containers or wrappers, (2) accompanying such 
 article, or (3) to which reference is made on the label or 
 literature accompanying such article.  

    Subd. 10.    Adulterated.  "Adulterated" means any 
 paint, varnish, paint oil or solvent if its strength or purity 
 falls below the professed standards of composition under which 
 it is sold, if any substance has been substituted wholly or in 
 part for the article, or if any valuable constituent of the 
 article has been wholly or in part abstracted.  

    Subd. 11.    Misbranded.  "Misbranded" means any paint, 
 varnish, paint oil or solvent if:  (1) its labeling bears any 
 statement, design, or graphic representation relative to the 
 article or its ingredients, which is false or misleading in any 
 particular; or (2) if the label accompanying the article does 
 not contain adequate instructions for use; or (3) if it be an 
 imitation or offered for sale under the name of another article; 
 or (4) if its label fails to bear the ingredient statement 
 plainly and correctly.  "Misbranded" also means any paint, 
 varnish, paint oil or solvent if the label does not specify the 
 general purpose for which the product is intended.  

    Subd. 12.    Ingredient statement.  "Ingredient 
 statement" means a statement of the chemical name and percentage 
 by weight of each ingredient.  

    Subd. 13.    Professed standards.  "Professed standards" 
 means the strength, purity, or representation of composition 
 under which the product is sold.  

    HIST: 1961 c 113 s 1; 1961 c 231 s 2 

  24.14 Repealed, 1961 c 231 s 11 

     24.141 Illegal acts; labeling requirements.  

    It is unlawful for any person to sell, offer or expose for 
 sale or to possess with intent to sell within this state any 
 paint, varnish, paint oil or solvent, of whatever nature, that 
 is adulterated, misbranded, insufficiently or improperly labeled 
 within the meaning of sections 24.135 to 24.175 or the rules 
 adopted by the commissioner.  The label shall contain the 
 following information:  (1) the name, brand or trademark of the 
 product; (2) the name and address of the manufacturer, 
 distributor, or the person for whom the product was 
 manufactured; (3) the net weight or measure, as the case may be, 
 which is contained in the package; (4) a complete ingredient 
 statement.  Whenever it is not possible or practical to use the 
 chemical name, the commissioner may approve the use of other 
 names or terms in the ingredient statement.  Tinting colors not 
 exceeding five percent by weight need not be declared on the 
 label.  

    HIST: 1961 c 231 s 3; 1985 c 248 s 70; 1986 c 444 

     24.145 Inspection; tests.  

    For obtaining information regarding the suspected 
 violations of law, the commissioner and the commissioner's 
 assistants, appointees, agents and employees shall have access 
 to all places where any paint, varnish, paint oil, solvent, or 
 other article is manufactured, sold or stored for sale, the 
 manufacture, sale or transportation of which is restricted, 
 regulated or prohibited by sections 24.135 to 24.175 or by any 
 law of this state.  They may inspect any package, receptacle or 
 container found therein apparently containing any paint, 
 varnish, paint oil, solvent, or ingredients thereof, or any 
 other article, the manufacture, sale or transportation of which 
 is restricted, regulated or forbidden by sections 24.135 to 
 24.175 or by any law of this state and may take samples 
 therefrom for analysis.  Any person obstructing such entry or 
 inspection or who fails upon request to furnish information 
 requested by the commissioner, is guilty of a misdemeanor.  

    HIST: 1961 c 231 s 4; 1986 c 444 

  24.15 Repealed, 1961 c 231 s 11 

     24.151 Stop-sale order.  

    The commissioner shall issue and enforce a written or 
 printed "stop-sale use or removal" order to the owner or 
 custodian of any lot of paint, varnish, paint oil or solvent 
 when the commissioner finds that the product is being offered or 
 exposed for sale in violation of any of the provisions of 
 sections 24.135 to 24.175, and the commissioner's order shall 
 direct that the product shall be held at a designated place 
 until the provisions of sections 24.135 to 24.175 have been 
 complied with and the product is released in writing by the 
 commissioner.  However, the owner or custodian of such paint, 
 varnish, paint oil or solvent has the right to appeal from such 
 order to a court of competent jurisdiction in the county or city 
 where the product is found, praying for a judgment as to the 
 justification of the order, and for the discharge of the product 
 from the order prohibiting the sale in accordance with the 
 findings of the court.  The provisions of this section shall not 
 be construed as limiting the right of the enforcement officer to 
 proceed as authorized by other provisions of sections 24.135 to 
 24.175.  The commissioner shall release the paint, varnish, 
 paint oil or solvent held under any stop-sale use or removal 
 order when the requirements of sections 24.135 to 24.175 have 
 been complied with and upon payment of all reasonable costs and 
 expenses incurred in connection with such order.  When the 
 commissioner issues and enforces a "stop-sale, use or removal" 
 order against any paint, varnish, paint oil or solvent declared 
 in violation of sections 24.135 to 24.175, in possession of any 
 dealer or distributor, such dealer or distributor may return to 
 the person from whom such paint, varnish, paint oil or solvent 
 was purchased all unbroken retail containers affected by such 
 order and such person shall reimburse the dealer or distributor 
 for the full purchase price, including all delivery costs.  

    HIST: 1961 c 231 s 5; 1986 c 444 

     24.155 Seizures.  

    Any lot of paint, varnish, paint oil or solvent found not 
 to be in compliance with the provisions of sections 24.135 to 
 24.175 shall be subject to seizure on complaint of the 
 commissioner to a court of competent jurisdiction in the area in 
 which said paint, varnish, paint oil or solvent is located.  In 
 the event the court finds that the paint, varnish, paint oil or 
 solvent is in violation of the provisions of sections 24.135 to 
 24.175 and orders the condemnation of the product, it shall be 
 disposed of in any manner consistent with the quality of the 
 paint, varnish, paint oil or solvent and the laws of the state.  
 In no instance shall the disposition of paint, varnish, paint 
 oil or solvent be ordered by the court without first giving the 
 claimant an opportunity to apply to the court for the release of 
 the product or for permission to process or relabel the product 
 to bring it into compliance with sections 24.135 to 24.175.  

    HIST: 1961 c 231 s 6 

  24.16 Repealed, 1961 c 231 s 11 

     24.161 Commissioner's duties; rules.  

    The commissioner shall enforce all of the provisions of 
 sections 24.135 to 24.175, and may prescribe such rules relating 
 to the sale and distribution of paint, varnish, paint oil or 
 solvent as the commissioner may find necessary and proper to 
 best carry out the purpose of sections 24.135 to 24.175.  Such 
 rules shall be promulgated in the manner provided by law.  

    HIST: 1961 c 231 s 7; 1985 c 248 s 70; 1986 c 444 

  24.165 Repealed, 1996 c 310 s 1 

  24.17 Repealed, 1961 c 231 s 11 

     24.171 Exceptions to paint law.  

    The provisions of sections 24.135 to 24.175, except section 
 24.145 shall not apply to (1) paints, varnish, paint oil or 
 solvent, in transit through the state or in storage within the 
 state intended for and sold outside the state; (2) paints, 
 varnish, paint oil or solvent, in transit or in storage intended 
 for and actually used for manufacturing, processing, mixing or 
 repacking; (3) paint, varnish, paint oil or solvent not packaged 
 for resale and not sold, offered or exposed for sale to the 
 general public, but sold through agreement to any manufacturer, 
 industrial plant, painting or building contractor, or agents of 
 the federal government, state of Minnesota or subdivisions 
 thereof or public service corporation for direct use by such 
 purchaser.  However, evidence concerning such sale shall be 
 furnished the commissioner upon request.  

    HIST: 1961 c 231 s 9 

     24.175 Penalties.  

    Any person convicted of violating any of the provisions of 
 sections 24.135 to 24.175 or any rules made thereunder is guilty 
 of a misdemeanor.  

    HIST: 1961 c 231 s 10; 1985 c 248 s 70 

     24.18 Labeling of wood alcohol.  

    No person, directly or through a servant or agent, or as 
 the servant or agent of another, shall sell, exchange, deliver, 
 or have in custody or possess, with intent to sell, exchange, or 
 deliver, or expose or offer for sale, exchange or delivery, any 
 wood alcohol, or substance commonly known as wood alcohol, 
 unless each package, bottle, cask, can, or receptacle containing 
 the wood alcohol shall be plainly marked, stamped, branded, or 
 labeled on the outside and face of each package, bottle, cask, 
 can, or receptacle of the capacity of less than one gallon, in 
 legible type not smaller than large primer, and on the outside 
 and face of each package, bottle, cask, can, or receptacle of 
 the capacity of one gallon or more, in legible letters of not 
 less than one inch in length, the letters and words "wood 
 naphtha," "poison."  

    HIST: (3944) 1905 c 35 s 1; 1986 c 444 

     24.181 Penalty.  

    Any person violating any of the provisions of section 24.18 
 shall be guilty of a misdemeanor and punished by a fine of not 
 less than $50 and not more than $100 for each and every offense 
 or by imprisonment in the county jail for not less than 30 nor 
 more than 90 days.  

    HIST: (3945) 1905 c 35 s 2 

  24.19 Renumbered 31.402 

  24.20 Renumbered 31.403 

  24.21 Renumbered 31.404 

  24.22 Renumbered 24.002 

    24.23 Subdivision 1.  Repealed, Ex1961 c 58 s 12 

    Subd. 2.  Renumbered 24.181 

    Subd. 3.  Renumbered 31.405 

  24.24 Repealed, 1983 c 293 s 115 

  24.25 Repealed, 1983 c 293 s 115 

  24.26 Repealed, 1983 c 293 s 115 

  24.27 Repealed, 1983 c 293 s 115 

  24.28 Repealed, 1983 c 293 s 115 

  24.29 Repealed, 1983 c 293 s 115 

  24.30 Repealed, 1983 c 293 s 115 

  24.31 Repealed, 1983 c 293 s 115 

  24.32 Repealed, 1993 c 367 s 41 

  24.33 Repealed, 1993 c 367 s 41 

  24.34 Repealed, 1993 c 367 s 41 

  24.35 Repealed, 1993 c 367 s 41 

  24.36 Repealed, 1993 c 367 s 41 

  24.37 Repealed, 1993 c 367 s 41 

  24.38 Repealed, 1993 c 367 s 41 

  24.39 Repealed, 1993 c 367 s 41 

  24.40 Repealed, 1993 c 367 s 41 

  24.41 Repealed, 1993 c 367 s 41 

  24.42 Repealed, 1993 c 367 s 41