2006 Minnesota Statutes

325F.18 DUTY OF MANUFACTURER.
    Subdivision 1. Written disclosure. (a) No manufacturer shall sell any building materials and
no builder shall sell or lease to the initial occupant a housing unit, other than a unit of manufactured
housing, containing urea formaldehyde unless the manufacturer or builder has made the following
written disclosure to any purchaser of the materials or housing unit or lessee of the housing unit:
"IMPORTANT HEALTH NOTICE.
SOME OF THE BUILDING MATERIALS USED IN THIS HOME (OR THESE
BUILDING MATERIALS) EMIT FORMALDEHYDE. EYE, NOSE, AND THROAT
IRRITATION, HEADACHE, NAUSEA AND A VARIETY OF ASTHMA-LIKE SYMPTOMS,
INCLUDING SHORTNESS OF BREATH, HAVE BEEN REPORTED AS A RESULT OF
FORMALDEHYDE EXPOSURE. ELDERLY PERSONS AND YOUNG CHILDREN,
AS WELL AS ANYONE WITH A HISTORY OF ASTHMA, ALLERGIES, OR LUNG
PROBLEMS, MAY BE AT GREATER RISK. RESEARCH IS CONTINUING ON THE
POSSIBLE LONG-TERM EFFECTS OF EXPOSURE TO FORMALDEHYDE.
REDUCED VENTILATION MAY ALLOW FORMALDEHYDE AND OTHER
CONTAMINANTS TO ACCUMULATE IN THE INDOOR AIR. HIGH INDOOR
TEMPERATURES AND HUMIDITY RAISE FORMALDEHYDE LEVELS. WHEN A HOME
IS TO BE LOCATED IN AREAS SUBJECT TO EXTREME SUMMER TEMPERATURES, AN
AIR-CONDITIONING SYSTEM CAN BE USED TO CONTROL INDOOR TEMPERATURE
LEVELS. OTHER MEANS OF CONTROLLED MECHANICAL VENTILATION CAN
BE USED TO REDUCE LEVELS OF FORMALDEHYDE AND OTHER INDOOR AIR
CONTAMINANTS.
IF YOU HAVE ANY QUESTIONS REGARDING THE HEALTH EFFECTS OF
FORMALDEHYDE, CONSULT YOUR DOCTOR OR LOCAL HEALTH DEPARTMENT."
(b) No manufacturer shall sell or lease a manufactured home containing urea formaldehyde
unless the manufacturer has made the written disclosure prescribed in Code of Federal
Regulations, title 24, section 3280.309 (1984).
    Subd. 1a. Building materials defined. For the purposes of this section "building materials"
means any urea formaldehyde-containing material used in the construction, insulation, or
renovation of a housing unit or a nonresidential building, but does not include:
(1) draperies, carpeting, furniture and furnishings not normally permanently affixed to
a housing unit; and
(2) noncellular insulation.
    Subd. 2. How disclosure made. The disclosure required by subdivision 1 shall be made
clearly and conspicuously on the label or written warranty of the materials in a manner designed
to attract the attention of a prospective buyer or user. If the product or housing unit has neither
a label nor a written warranty the disclosure shall be made in a separate writing included with
the product or housing unit.
    Subd. 3. Sales, installation, or use subject to disclosure. No person shall sell for use in a
dwelling place building materials subject to the written disclosure requirement of subdivision 1
unless the seller has provided to the purchaser a copy of the written disclosure provided by the
manufacturer. No person shall for gain install or use in a dwelling place building materials subject
to the written disclosure requirement of subdivision 1 unless the installer or user has provided to
the person on whose behalf the materials are installed or used a copy of the written disclosure
provided by the manufacturer.
    Subd. 4. Liability. The manufacturer of a product that contains urea formaldehyde shall pay
the reasonable cost of repair or relocation if the consumer can document that the product used
in constructing the consumer's residence did not, at the time of manufacture, meet the product
standard established in section 325F.181. The builder of a housing unit shall pay the reasonable
cost of repair or relocation if the consumer can document that the builder used products in the
construction of the housing unit that were subject to the product standard adopted under section
325F.181 but were not certified and labeled under section 325F.181. A manufacturer or builder is
not liable under this subdivision unless the consumer has documented medical records of illness
related to formaldehyde and a statement from a physician that the consumer must vacate the
premises. The party who has received the claim has the right to test the housing unit or products
at reasonable times.
If within 30 days after the presentation of the items set forth above the manufacturer or
builder and the consumer do not agree on a remedy the consumer may bring suit to recover
the reasonable cost of repair or relocation plus reasonable attorneys' fees. Notwithstanding the
remedy under this subdivision, the consumer may bring an action for personal injury, if any, if the
action is commenced within one year from the consumer's receipt of the order of a physician to
vacate the premises due to an illness related to formaldehyde.
    Subd. 5.[Repealed, 1985 c 216 s 7]
    Subd. 6. Violation as fraud, misrepresentation, or deceptive practice. Any person who
is found in violation of subdivisions 1 to 3 shall be deemed in violation of section 325F.69,
subdivision 1 , and the provisions of section 8.31 shall apply.
History: 1980 c 594 s 2; 1981 c 245 s 1; 1985 c 216 s 2-4