2007 Minnesota Statutes

CHAPTER 325E. REGULATION OF TRADE PRACTICES

325E.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

FUEL DELIVERY TICKETS

325E.01 DELIVERY TICKETS TO ACCOMPANY EACH FUEL DELIVERY.
No person, firm, or corporation shall deliver any domestic heating fuel without such delivery
being accompanied by a delivery ticket, on which shall be distinctly expressed in pounds, the
gross weight of the load, the tare of the delivery vehicle, the net quantity or quantities of fuel
contained in the cart, wagon, vehicle or compartment thereof, bag, sack or container used in such
deliveries when sold by weight; or the number of gallons or cubic feet that is being delivered
when sold by measure, with the name of the purchaser thereof and the name of the dealer from
whom purchased. The delivery ticket shall also clearly state the name, type, kind and grade of fuel
being delivered. When the buyer carries away the purchase, a delivery ticket showing the actual
amount delivered to the purchaser must be given to the purchaser at the time the sale is made.
Sales of wood for fuel direct from producer to consumer shall be exempt from the provisions
of this section. This section shall not apply to deliveries in quantities of ten gallons or less.
Whoever violates any provision of this section is guilty of a misdemeanor.
History: 1943 c 328

UTILITIES; CUSTOMER DEPOSITS

325E.015 [Repealed, 2004 c 216 s 4]

325E.02 CUSTOMER DEPOSITS.
Any customer deposit required before commencement of service by a privately or publicly
owned water, gas, telephone, cable television, electric light, heat, or power company shall
be subject to the following:
(a) Upon termination of service with all bills paid, the deposit shall be returned to the
customer within 45 days, less any deductions made in accordance with paragraph (c).
(b) Interest shall be paid on deposits in excess of $20. The rate of interest must be set
annually and be equal to the weekly average yield of one-year United States Treasury securities
adjusted for constant maturity for the last full week in November. The interest rate must be
rounded to the nearest tenth of one percent. By December 15 of each year, the commissioner of
commerce shall announce the rate of interest that must be paid on all deposits held during all or
part of the subsequent year. The company may, at its option, pay the interest at intervals it chooses
but at least annually, by direct payment, or as a credit on bills.
(c) At the time the deposit is made the company shall furnish the customer with a written
receipt specifying the conditions, if any, the deposit will be diminished upon return.
(d) Advance payments or prepayments shall not be construed as being a deposit.
History: 1974 c 424 s 1; 1997 c 121 s 1; 2004 c 261 art 2 s 2

325E.021 UTILITY DELINQUENCY CHARGES.
A public utility as defined by section 216B.02, a municipality or cooperative electric
association, or telephone company as defined by section 237.01 shall, if that utility adopts a
policy of imposing a charge or fee upon delinquent residential and farm accounts, provide that
each billing shall clearly state the terms and conditions of any penalty in the form of the monthly
percentage rate.
History: 1980 c 579 s 31

325E.025 LANDLORDS AND TENANTS; UTILITY BILLS.
    Subdivision 1. Definitions. For purposes of this section, "utility" means persons,
corporations, or other legal entities, their lessees, trustees, and receivers, now or hereafter
operating, maintaining, or controlling in this state equipment or facilities for furnishing at retail
natural, manufactured, or mixed gas or electric service to or for the public or engaged in its
production and retail sale. The term "utility" includes municipalities and cooperative electric
associations, organized under the provisions of chapter 308A, producing or furnishing natural,
manufactured, or mixed gas or electric service. This section is not applicable to the sale of natural,
manufactured, or mixed gas or electricity by a public utility to another public utility for resale.
"Customer" means any person, firm, association, or corporation, or any agency of the federal,
state, or local government being supplied with service by a utility.
    Subd. 2. Payment responsibility for utility service. A utility shall not: (1) recover or
attempt to recover payment for a tenant's outstanding bill or charge from a landlord, property
owner or manager, or manufactured home park owner, as defined in section 327C.01, or
manufactured home dealer, as defined in section 327B.01, who has not contracted for the service;
(2) condition service on payment of an outstanding bill or other charge for utility service due upon
the outstanding account of a previous customer or customers when all of the previous customers
have vacated the property; or (3) place a lien on the landlord's or owner's property for a tenant's
outstanding bill or charge whether created by local ordinance or otherwise. A utility may recover
or attempt to recover payment for a tenant's outstanding bill or charge from a property owner
where the manager, acting as the owner's agent, contracted for the utility service.
History: 1985 c 135 s 1; 1986 c 473 s 9; 1989 c 356 s 15

325E.026 UNAUTHORIZED USE OF UTILITY METERS.
    Subdivision 1. Definitions. When used in this section, the terms defined in section 216B.02
have the same meanings. Other terms used in this section have the following meanings:
(a) "Bypassing" means the act of attaching, connecting, or otherwise affixing a wire, cord,
socket, pipe, hose, motor, or other instrument or device to utility or customer-owned facilities
or equipment so that service provided by the utility is transmitted, supplied, or used without
passing through a meter authorized by the utility for measuring or registering the amount of
service provided.
(b) "Tampering" means damaging, altering, adjusting, or obstructing the operation of a meter
or submeter provided by a utility for measuring or registering the amount of electricity, natural
gas, or other utility service passing through the meter.
(c) "Unauthorized connection" means the physical connection or physical reconnection of
utility service by a person without the authorization or consent of the utility.
(d) "Unauthorized metering" means removing, installing, connecting, reconnecting, or
disconnecting a meter, submeter, or metering device for service by a utility, by a person other than
an authorized employee or agent of the utility.
(e) "Utility" means a public utility defined in section 216B.02, subdivision 4; a municipal
utility; or a cooperative electric association organized under chapter 308A.
    Subd. 2. Civil actions; remedies. A utility may bring a civil action for damages against a
person who: (1) deliberately commits, authorizes, attempts, solicits, aids, or abets bypassing,
tampering, unauthorized connection, or unauthorized metering that results in damages to
the utility; or (2) knowingly receives service provided as a result of bypassing, tampering,
unauthorized connection, or unauthorized metering. The utility may recover double the costs of
the service provided; the costs and expenses for investigation, disconnection, reconnection,
service calls, equipment, and employees; and the trial costs and witness fees.
    Subd. 3. Damages to benefit ratepayers. Damages recovered under this section in excess
of the actual damages sustained by a public utility regulated by the commission must be taken
into account by the commission and applied for the benefit of the public utility's ratepayers
in establishing utility rates.
    Subd. 4. Additional remedies. The remedies provided in this section are supplemental and
additional to other remedies or powers conferred by law and not in limitation of other civil or
criminal statutory or common law remedies.
History: 1987 c 272 s 1; 1989 c 356 s 16

325E.027 DISCRIMINATION PROHIBITION.
    (a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil who has
signed a low-income home energy assistance program vendor agreement with the Department
of Commerce may refuse to deliver liquid propane gas or number 1 or number 2 fuel oil to any
person located within the dealer's or distributor's normal delivery area who receives direct grants
under the low-income home energy assistance program if:
    (1) the person has requested delivery;
    (2) the dealer or distributor has product available;
    (3) the person requesting delivery is capable of making full payment at the time of delivery;
and
    (4) the person is not in arrears regarding any previous fuel purchase from that dealer or
distributor.
    (b) A dealer or distributor making delivery to a person receiving direct grants under the
low-income home energy assistance program may not charge that person any additional costs
or fees that would not be charged to any other customer and must make available to that person
any discount program on the same basis as the dealer or distributor makes available to any other
customer.
History: 2007 c 57 art 3 s 41

325E.028 UTILITY PAYMENT ARRANGEMENTS FOR MILITARY SERVICE
PERSONNEL.
    Subdivision 1. Restriction on disconnection; payment schedules. (a) A municipal utility,
cooperative electric association, or public utility must not disconnect the utility service of a
residential customer if a member of the household has been issued orders into active duty,
for deployment, or for a permanent change in duty station during the period of active duty,
deployment, or change in duty station if such a residential customer:
    (1) has a household income below the state median household income or is receiving energy
assistance and enters into an agreement with the municipal utility, cooperative electric association,
or public utility under which the residential customer pays ten percent of the customer's gross
monthly income toward the customer's bill and the residential customer remains reasonably
current with those payments; or
    (2) has a household income above the state median household income and enters into an
agreement with the municipal utility, cooperative electric association, or public utility establishing
a reasonable payment schedule that considers the financial resources of the household and the
residential customer remains reasonably current with payments under the payment schedule.
    (b) For purposes of this subdivision, "household income" means household income measured
after the date of the orders specified in paragraph (a).
    Subd. 2. Annual notice to all customers; inability to pay forms. (a) A municipal utility,
cooperative electric association, or public utility must notify all residential customers annually of
the provisions of this section.
    (b) A municipal utility, cooperative electric association, or public utility must provide a
form to a residential customer to request the protections of this section upon the residential
customer's request.
    Subd. 3. Application to service limiters. For the purposes of this section, "disconnection"
includes a service or load limiter or any device that limits or interrupts electric service in any way.
    Subd. 4. Income verification. Verification of income may be conducted by the local energy
assistance provider or the municipal utility, cooperative electric association, or public utility
unless the customer is automatically eligible for protection against disconnection as a recipient
of any form of public assistance, including energy assistance that uses income eligibility in an
amount at or below the income eligibility in subdivision 1, clause (1).
    Subd. 5. Appeal process. (a) The municipal utility, cooperative electric association, or
public utility shall provide the residential customer with a commission-approved written notice of
the right to appeal to the commission or other appropriate governing body when the utility and
residential customer are unable to agree on the establishment, reasonableness, or modification of a
payment schedule, or on the reasonable timeliness of the payments under a payment schedule,
provided for by this section. Any appeal must be made within seven working days after the
residential customer's receipt of personally served notice, or within ten working days after the
utility has deposited first class mail notice in the United States mail.
    (b) The utility shall not disconnect service while a payment schedule is pending appeal, or
until any appeal involving payment schedules has been determined by the commission.
    Subd. 6. Enforcement. This section may be enforced pursuant to chapter 216B.
History: 2007 c 111 s 1

METAL BEVERAGE CONTAINERS

325E.03 SALE OF BEVERAGE CONTAINERS HAVING DETACHABLE PARTS.
    Subdivision 1. Restriction. No person shall sell or offer for sale in this state a carbonated
soft drink, beer, other malt beverage, or tea in liquid form and intended for human consumption
contained in an individual sealed metal container designed and constructed so that a part of the
container is detached in the process of opening the container.
    Subd. 2. Criminal penalty. A violation of subdivision 1 is a misdemeanor and each day
of violation is a separate offense.
History: 1975 c 308 s 1,2; 1977 c 226 s 1

IMMIGRATION SERVICES

325E.031 IMMIGRATION SERVICES.
    Subdivision 1. Definitions. (a) For the purpose of this section, the terms in this subdivision
have the meanings given.
(b) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant,
immigrant, or citizenship status of any person that arises under immigration and naturalization
law, executive order, or presidential proclamation of the United States or any foreign country, or
that arises under action of the United States Citizenship and Immigration Services, the United
States Department of Labor, or the United States Department of State.
(c) "Immigration assistance service" means any advice, guidance, information, or action
provided or offered to customers or prospective customers relating to any immigration matter and
for which a fee is charged.
    Subd. 2. Notice. (a) Any person who provides or offers immigration assistance services in this
state shall post a notice at that person's place of business, setting forth information in English and
in every other language in which the person provides or offers to provide immigration assistance
services. Each language must be on a separate sign and posted in a location visible to customers.
Each sign must be at least 11 inches by 17 inches and must contain the following statements:
(1) "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
(2) "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES
CITIZENSHIP AND IMMIGRATION SERVICES AND THE IMMIGRATION BOARD OF
APPEALS."
(b) Any person who advertises immigration assistance services in a language other
than English, whether by radio, television, signs, pamphlets, newspapers, or other written
communication, with the exception of a single desk plaque, shall post or otherwise include with
the advertisement a notice in English and the language in which the advertisement appears that
contains the language in paragraph (a), clause (1).
    Subd. 3. Prohibited activities. Any person who provides or offers to provide immigration
assistance services may not do any of the following:
(1) give any legal advice concerning an immigration matter or perform an act constituting
the practice of immigration law as defined in Code of Federal Regulations, title 8, section 1.1 (i),
(j), (k), or (m);
(2) represent, hold out or advertise, in connection with the provision of assistance in
immigration matters, other titles or credentials in any language, including, but not limited to,
"notary public" or "immigration consultant," that could cause a customer to believe that the person
possesses special professional skills or is authorized to provide advice on an immigration matter;
(3) make any misrepresentation or false statement, directly or indirectly, to influence,
persuade, or induce patronage;
(4) retain any compensation for service not performed; or
(5) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer
upon the request of the customer even if subject to a fee dispute.
    Subd. 4. Written contract. Except as otherwise provided in this section, before providing
an immigration assistance service a person shall provide the customer with a written contract
that includes the following:
(1) an explanation of the services to be performed;
(2) identification of all compensation and costs to be charged to the customer for the services
to be performed; and
(3) a statement that documents submitted in support of an application for nonimmigrant,
immigrant, or naturalization status may not be retained by the person for any purpose, including
payment of compensation or costs.
The written contract must be in both English and in the language of the customer. A copy
of the contract must be provided to the customer upon the customer's execution of the contract.
A customer has the right to rescind a contract within 72 hours after signing the contract. Any
documents prepared on behalf of, or paid for by the customer, must be returned upon demand
of the customer.
This subdivision does not apply to a not-for-profit organization that provides advice or
assistance in immigration matters to clients without charge beyond a reasonable fee to reimburse
the organization's or clinic's reasonable costs relating to providing immigration services to that
client.
    Subd. 5. Exemptions. This section does not apply to:
(1) an attorney licensed to practice law in any state or territory of the United States, or in
any foreign country when authorized by the Minnesota Supreme Court, to the extent the attorney
renders immigration assistance service in the course of practicing as an attorney;
(2) a nonlawyer assistant, as described by the rules of the Minnesota Supreme Court,
employed by and under the direct supervision of a licensed attorney and rendering immigration
assistance service in the course of the assistant's employment;
(3) a not-for-profit organization recognized by the Board of Immigration Appeals under
Code of Federal Regulations, title 8, section 292.2(a), and employees of those organizations
accredited under Code of Federal Regulations, title 8, section 292.2(d), and designated entities as
defined under Code of Federal Regulations, title 8, section 245a.1; and
(4) an organization employing or desiring to employ an alien or nonimmigrant alien, where
the organization, its employees or its agents provide advice or assistance in immigration matters
to alien or nonimmigrant alien employees or potential employees without compensation from
the individuals to whom the advice or assistance is provided.
    Subd. 6. Penalty and remedies. A person who violates this section is guilty of a
misdemeanor. The penalties and remedies of section 8.31 apply to violations of this section,
including a private cause of action.
History: 1996 c 401 s 1; 2007 c 13 art 1 s 25

325E.035 [Repealed, 1Sp1989 c 1 art 20 s 30]

SAMPLES; DISTRIBUTION

325E.04 FREE SAMPLES; DISTRIBUTION.
    Subdivision 1. Restrictions. It shall be unlawful to cause to be delivered indiscriminately
door to door to residences, other than through the United States mail, any advertising, sample
of merchandise, or promotional material which is contained in a plastic film outer bag any
dimension of which exceeds seven inches and which contains less than one hole, one-half inch
in diameter, for each 25 square inch area, or any samples of drugs, medicines, razor blades, or
aerosol cans regardless of how packaged. This subdivision shall not apply to plastic bags with an
average thickness of more than .0015 of an inch.
    Subd. 2. Criminal penalty. Any person who is found to have violated this section shall
be guilty of a misdemeanor.
History: 1971 c 832 s 1,2; 1974 c 85 s 1

SALE AND LABELING OF PLASTICS

325E.042 PROHIBITING SALE OF CERTAIN PLASTICS.
    Subdivision 1. Plastic can. (a) A person may not sell, offer for sale, or give to consumers in
this state a beverage packaged in a plastic can.
(b) A plastic can subject to this subdivision is a single serving beverage container composed
of plastic and metal excluding the closure mechanism.
    Subd. 2. Nondegradable plastic. A person may not sell, offer for sale, or give to consumers
beverages or motor oil containers held together by connected rings made of nondegradable
plastic material.
    Subd. 3. Penalty. A person who violates subdivision 1 or 2 is guilty of a misdemeanor.
History: 1988 c 685 s 26; 1991 c 337 s 57

325E.044 PLASTIC CONTAINER LABELING.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Distributor" means a person engaged in business that ships or transports products to
retailers in this state to be sold by those retailers.
(b) "Labeling" means attaching information to or embossing or printing information on a
plastic container.
(c) "Manufacturer" means any manufacturer offering for sale and distribution a product
packaged in a container.
(d) "Plastic container" means an individual, separate, plastic bottle, can, or jar with a
capacity of 16 ounces or more.
    Subd. 2. Labeling rules required. By March 31, 1989, the board shall adopt rules requiring
labeling of plastic containers. The rules adopted under this subdivision must allow a manufacturer
of plastic containers, a person who places products in plastic containers, and a person who sells
products in plastic containers to choose an appropriate method of labeling plastic containers. The
board shall adopt rules as consistent as practicable with national industrywide plastic container
coding systems. The rules may exempt plastic containers of a capacity of less than a specified
minimum size from the labeling requirements.
    Subd. 3. Prohibition. A person may not manufacture or bring into the state for sale in this
state a plastic container that does not comply with the labeling rules adopted under subdivision 2.
    Subd. 4. Enforcement; civil penalty; injunctive relief. (a) After being notified that a plastic
container does not comply with the rules under subdivision 2, any manufacturer or distributor
who violates subdivision 3 is subject to a civil penalty of $50 for each violation up to a maximum
of $500 and may be enjoined from such violations.
(b) The attorney general may bring an action in the name of the state in a court of competent
jurisdiction for recovery of civil penalties or for injunctive relief as provided in this subdivision.
The attorney general may accept an assurance of discontinuance of acts in violation of subdivision
3 in the manner provided in section 8.31, subdivision 2b.
History: 1988 c 685 s 27

325E.045    Subdivision 1.[Repealed, 1991 c 337 s 90]
    Subd. 2.[Repealed, 1991 c 337 s 90]
    Subd. 3.[Repealed, 1990 c 597 s 73; 1990 c 604 art 10 s 32; 1991 c 337 s 90]
    Subd. 4.[Repealed, 1990 c 597 s 73; 1990 c 604 art 10 s 32; 1991 c 337 s 90]

FARM EQUIPMENT DEALERSHIPS

325E.05 AGRICULTURAL IMPLEMENT DEALERSHIPS; RETURN OF STOCK.
If a franchised agricultural machinery or implement dealership is discontinued for economic
reasons, the firm, company, person, or successor in interest issuing the franchise to the dealer
shall purchase all listed parts in the dealer's stock purchased originally from firm, company, or
person issuing franchise at a price agreeable to the franchised dealer and such firm, company,
person, or successor in interest.
History: 1959 c 398 s 1; 1988 c 502 s 1

325E.06 REPURCHASE OF FARM MACHINERY, IMPLEMENTS, ATTACHMENTS
AND PARTS UPON TERMINATION OF CONTRACT.
    Subdivision 1. Obligation to repurchase. Whenever any person, firm, or corporation
engaged in the business of selling and retailing farm implements and repair parts for farm
implements enters into a written or oral contract, sales agreement, or security agreement whereby
the retailer agrees with any wholesaler, manufacturer, or distributor of farm implements,
machinery, attachments or repair parts or outdoor power equipment, attachments, or repair parts
to maintain a stock of parts or complete or whole machines, or attachments, and thereafter
the written or oral contract, sales agreement, or security agreement is terminated, canceled,
or discontinued, then the wholesaler, manufacturer, or distributor shall pay to the retailer or
credit to the retailer's account, if the retailer has outstanding any sums owing the wholesaler,
manufacturer, or distributor, unless the retailer should desire and has a contractual right to keep
such merchandise, a sum equal to 100 percent of the net cost of all unused complete farm
implements, machinery, and attachments or outdoor power equipment and attachments in new
condition which have been purchased by the retailer from the wholesaler, manufacturer, or
distributor within the 24 months immediately preceding notification by either party of intent to
terminate, cancel, or discontinue the contract, including transportation charges and reasonable
assembly charges which have been paid by the retailer, or invoiced to retailer's account by the
wholesaler, manufacturer, or distributor and the following:
(a) 95 percent of the current net prices on repair parts, including superseded parts listed
in current price lists or catalogs in use by the wholesaler, manufacturer, or distributor or its
predecessor on the date of the termination, cancellation, or discontinuance of the contract;
(b) as to any parts not listed in current price lists or catalogs, 100 percent of the invoiced
price of the repair part for which the retailer has an invoice which parts had previously been
purchased by the retailer from the wholesaler, manufacturer, or distributor and are held by the
retailer on the date of the termination, cancellation, or discontinuance of the contract or thereafter
received by the retailer from the wholesaler, manufacturer, or distributor;
(c) 50 percent of the most recently published price of all other parts provided the price list
or catalog is not more than ten years old as of the date of the cancellation or discontinuance
of the contract;
(d) net cost less 20 percent per year depreciation for five years following purchase of all
data processing and communications hardware and software the retailer purchased from the
wholesaler, manufacturer, or distributor, or an approved vendor of the wholesaler, manufacturer,
or distributor, to meet the minimum requirements for the hardware and software as set forth by the
wholesaler, manufacturer, or distributor; and
(e) an amount equal to 75 percent of the net cost to the retailer of specialized repair
tools, including computerized diagnostic hardware and software, and signage purchased by the
retailer pursuant to the requirements of the wholesaler, manufacturer, or distributor, except that
specialized repair tools and signage that has never been used must be repurchased at 100 percent
of the retailer's cost. Specialized repair tools must be unique to the wholesaler's, manufacturer's,
or distributor's product line, specifically required by the wholesaler, manufacturer, or distributor,
and must be in complete and usable condition. The wholesaler, manufacturer, or distributor
may require by contract or agreement that the retailer resell to the wholesaler, manufacturer, or
distributor the specialized repair tools and signage for the amounts established in this section or
the amount specified in the dealer agreement or contract or fair market value, whichever is greater.
The wholesaler, manufacturer, or distributor shall also pay the retailer or credit to the retailer's
account a sum equal to five percent of the prices required to be paid or credited by this subdivision
for all parts, data processing and communications hardware and software, and specialized repair
tools and signage returned for the handling, packing, and loading of the parts back to the
wholesaler, manufacturer, or distributor unless the wholesaler, manufacturer, or distributor elects
to perform inventorying, packing, and loading of the parts, data processing and communications
hardware and software, and specialized repair tools and signage itself. Upon the payment or
allowance of credit to the retailer's account of the sum required by this subdivision, the title to
the farm implements, farm machinery, attachments or repair parts, or outdoor power equipment
and repair parts for outdoor power equipment, data processing and communications hardware
and software, and specialized repair tools and signage shall pass to the manufacturer, wholesaler,
or distributor making the payment or allowing the credit and the manufacturer, wholesaler, or
distributor shall be entitled to the possession of the farm implements, machinery, attachments
or repair parts, or outdoor power equipment and repair parts for outdoor power equipment, data
processing and communications hardware and software, and specialized repair tools and signage.
However, this section shall not in any way affect any security interest which the wholesaler,
manufacturer, or distributor may have in the inventory of the retailer.
Payment required to be made under this subdivision must be made not later than 60
days from the date the farm implements, machinery, attachments, repair parts, outdoor power
equipment and attachments and repair parts, data processing and communications hardware and
software, and specialized repair tools and signage are received by the manufacturer, and if not
by then paid, the amount payable by the wholesaler, manufacturer, or distributor bears interest
at the maximum rate allowed by law from the date the contract was terminated, canceled, or
discontinued until the date payment is received by the retailer.
In lieu of the return of the farm implements, machinery, attachments, and repair parts, or
outdoor power equipment and attachments and repair parts, data processing and communications
hardware and software, and specialized repair tools and signage to the wholesaler, manufacturer,
or distributor, the retailer may advise the wholesaler, manufacturer, or distributor that the retailer
has implements, machinery, attachments, or repair parts, or outdoor power equipment and
attachments and repair parts, data processing and communications hardware and software, and
specialized repair tools and signage that the retailer intends to return. The notice of the dealer's
intention to return must be in writing, sworn to before a notary public as to the accuracy of the
listing of implements, machinery, attachments, or repair parts, or outdoor power equipment and
attachments and repair parts, data processing and communications hardware and software, and
specialized repair tools and signage and that all of the items are in usable condition. The notice
must include the name and business address of the person or business who has possession and
custody of the machinery and parts and where the machinery and parts may be inspected and the
list of farm implements, machinery, attachments, or repair parts, or outdoor power equipment and
attachments and repair parts, data processing and communications hardware and software, and
specialized repair tools and signage may be verified. The notice must also state the name and
business address of the person or business who has the authority to serve as the escrow agent of
the retailer, to accept payment or a credit to the retailer's account on behalf of the retailer, and
to release the machinery and parts to the wholesaler, manufacturer, or distributor. The notice
constitutes the appointment of the escrow agent to act on the retailer's behalf. The wholesaler,
manufacturer, or distributor has 30 days from the date of the mailing of the notice, which shall
be by certified mail, in which to inspect the machinery and parts and verify the accuracy of the
retailer's list. The wholesaler, manufacturer, or distributor shall, within ten days after inspection:
(1) pay the escrow agent;
(2) give evidence that a credit to the account of the retailer has been made if the retailer has
outstanding sums due the wholesaler, manufacturer, or distributor; or
(3) send to the escrow agent a "dummy credit list" and shipping labels for the return of the
machinery or parts to the wholesaler, manufacturer, or distributor that are acceptable as returns.
If the wholesaler, manufacturer, or distributor sends a credit list to the escrow agent, payment
or a credit against the dealer's indebtedness in accordance with this subdivision for the acceptable
returns shall accompany the credit list. On the receipt of the payment, evidence of a credit to the
account of the retailer or the credit list with payment, the title to the farm implements, farm
machinery, attachments, or repair parts, outdoor power equipment and attachments and repair
parts, data processing and communications hardware and software, and specialized repair tools
and signage acceptable as returns passes to the manufacturer, wholesaler, or distributor making
the payment or allowing the credit and the manufacturer, wholesaler, or distributor is entitled to
keep the farm implements, machinery, attachments, or repair parts, or outdoor power equipment
and attachments and repair parts, data processing and communications hardware and software,
and specialized repair tools and signage. The escrow agent shall ship or cause to be shipped the
machinery and parts acceptable as returns to the wholesaler, manufacturer, or distributor unless
the wholesaler, manufacturer, or distributor elects to personally perform the inventorying, packing
and loading of the machinery and parts. When the machinery or parts have been received by the
wholesaler, manufacturer, or distributor, notice of the receipt of the machinery or parts shall be
sent by certified mail to the escrow agent who shall then disburse 90 percent of the payment it
has received, less its actual expenses and a reasonable fee for its services, to the retailer. The
escrow agent shall keep the balance of the funds in the retailer's escrow account until it is notified
that an agreement has been reached as to the nonreturnables after which the escrow agent shall
disburse the remaining funds and dispose of any remaining parts or machinery as provided in the
settlement. If no settlement is reached in a reasonable time, the escrow agent may refer the matter
to an arbitrator who has authority to resolve all unsettled issues in the dispute.
    Subd. 2. Provisions of contract supplemented. The provisions of this section shall
be supplemental to any agreement between the retailer and the manufacturer, wholesaler or
distributor covering the return of farm implements, machinery, attachments and repair parts. The
retailer can elect to pursue either the retailer's contract remedy or the remedy provided herein, and
an election by the retailer to pursue the contract remedy shall not bar the retailer's right to the
remedy provided herein as to those farm implements, machinery, attachments and repair parts
not affected by the contract remedy. Notwithstanding anything contained herein, the rights of a
manufacturer, wholesaler or distributor to charge back to the retailer's account amounts previously
paid or credited as a discount incident to the retailer's purchase of goods shall not be affected.
Further, any repurchase hereunder shall not be subject to the provisions of the bulk sales law.
    Subd. 3. Death of dealer; repurchase from heirs. In the event of the death of the retail
dealer or majority stockholder in a corporation operating a retail dealership in the business of
selling and retailing farm implements, machinery, attachments or repair parts therefor, the
manufacturer, wholesaler or distributor shall, unless the heir or heirs of the deceased agree to
continue to operate the dealership, repurchase the merchandise from the heir or heirs upon the
same terms and conditions as are otherwise provided in this section. In the event the heir or heirs
do not agree to continue to operate the retail dealership, it shall be deemed a cancellation or
discontinuance of the contract by the retailer under the provisions of subdivision 1.
    Subd. 4. Failure to pay sums specified on cancellation of contracts; liability. In the event
that any manufacturer, wholesaler, or distributor of farm implements, machinery, attachments
and repair parts, or outdoor power equipment and attachments and repair parts, data processing
and communications hardware and software, and specialized repair tools and signage, upon the
cancellation of a contract by either a retailer or such manufacturer, wholesaler, or distributor, fails
or refuses to make payment to the dealer or the dealer's heir or heirs as required by this section,
the manufacturer, wholesaler, or distributor shall be liable in a civil action to be brought by the
retailer or the retailer's heir or heirs for (a) 100 percent of the net cost of the farm implements,
machinery, and attachments, (b) transportation charges and reasonable assembly which have
been paid by the retailer, (c) 95 percent of the current net price of repair parts, 100 percent of
invoiced prices and 50 percent of the price of all other parts as provided in subdivision 1, and (d)
five percent for handling, packing and loading, if applicable.
    Subd. 5. Exceptions. Unless a retailer has delivered parts to an escrow agent pursuant
to subdivision 1, this section shall not require the repurchase from a retailer of a repair part
where the retailer previously has failed to return the repair part to the wholesaler, manufacturer,
or distributor after being offered a reasonable opportunity to return the repair part at a price
not less than (a) 95 percent of the net price of the repair part as listed in the then current price
list or catalog, (b) 100 percent of the invoiced price, and (c) 50 percent of the most recent
published price as provided in subdivision 1. This section shall not require the repurchase from a
retailer of repair parts which have a limited storage life or are otherwise subject to deterioration,
such as rubber items, gaskets and batteries, unless those items have been purchased from the
wholesaler, manufacturer, or distributor within the past two years; repair parts which because
of their condition are not resalable as new parts without reconditioning; repair parts which have
lost required traceability for quality assurance requirements; and repair parts that were marked
nonreturnable or future nonreturnable when the retailer ordered them.
    Subd. 6. Definition. (a) For the purposes of this section "farm implements" mean every
vehicle designed or adapted and used exclusively for agricultural operations and only incidentally
operated or used upon the highways.
(b) For the purposes of this section, "outdoor power equipment" does not include
motorcycles, boats, personal watercraft, snowmobiles, or all-terrain vehicles designed for
recreation.
    Subd. 7. Successor in interest. The obligations under this section of a wholesaler,
manufacturer, or distributor apply to its successor in interest or assignee. A successor in interest
includes a purchaser of assets or stock, a surviving corporation resulting from a merger or
liquidation, a receiver, and a trustee of the original wholesaler, manufacturer, or distributor.
History: 1974 c 158 s 1 subds 1-6; 1985 c 155 s 1; 1986 c 444; 1988 c 502 s 2-5; 1989 c
76 s 1-3; 2001 c 72 s 1-4

325E.061 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.061 to 325E.065, the terms defined
in this section have the meanings given them.
    Subd. 2. Farm equipment. "Farm equipment" means equipment and parts for equipment
including, but not limited to, tractors, trailers, combines, tillage implements, balers, skid steer
loaders, attachments and repair parts for them, and other equipment, including attachments and
repair parts, used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural
products, excluding self-propelled machines designed primarily for the transportation of persons
or property on a street or highway.
    Subd. 3. Farm equipment manufacturer. "Farm equipment manufacturer" means a
person, partnership, corporation, association, or other form of business enterprise engaged in the
manufacturing, assembly, or wholesale distribution of farm equipment. The term also includes
any successor in interest of the farm equipment manufacturer, including any purchaser of assets or
stock, any surviving corporation resulting from a merger or liquidation, any receiver or assignee,
or any trustee of the original farm equipment manufacturer.
    Subd. 4. Farm equipment dealer or dealership. "Farm equipment dealer" or "farm
equipment dealership" means a person, partnership, corporation, association, or other form of
business enterprise engaged in acquiring farm equipment from a manufacturer and reselling the
farm equipment at wholesale or retail.
    Subd. 5. Dealership agreement. "Dealership agreement" means an oral or written agreement
of definite or indefinite duration between a farm equipment manufacturer and a farm equipment
dealer which enables the dealer to purchase equipment from the manufacturer and provides for
the rights and obligations of the parties with respect to the purchase or sale of farm equipment.
History: 1988 c 511 s 1; 1991 c 70 s 1-3

325E.062 TERMINATIONS OR CANCELLATIONS.
    Subdivision 1. Good cause required. No farm equipment manufacturer, directly or through
an officer, agent, or employee may terminate, cancel, fail to renew, or substantially change
the competitive circumstances of a dealership agreement without good cause. "Good cause"
means failure by a farm equipment dealer to substantially comply with essential and reasonable
requirements imposed upon the dealer by the dealership agreement, if the requirements are not
different from those requirements imposed on other similarly situated dealers by their terms. In
addition, good cause exists whenever:
(1) without the consent of the farm equipment manufacturer who shall not withhold consent
unreasonably, (a) the farm equipment dealer has transferred an interest in the farm equipment
dealership, or (b) there has been a withdrawal from the dealership of an individual proprietor,
partner, major shareholder, or the manager of the dealership, or (c) there has been a substantial
reduction in interest of a partner or major stockholder;
(2) the farm equipment dealer has filed a voluntary petition in bankruptcy or has had
an involuntary petition in bankruptcy filed against it which has not been discharged within 30
days after the filing, or there has been a closeout or sale of a substantial part of the dealer's
assets related to the farm equipment business, or there has been a commencement of dissolution
or liquidation of the dealer;
(3) there has been a change, without the prior written approval of the manufacturer, in the
location of the dealer's principal place of business under the dealership agreement;
(4) the farm equipment dealer has defaulted under a chattel mortgage or other security
agreement between the dealer and the farm equipment manufacturer, or there has been a
revocation or discontinuance of a guarantee of the dealer's present or future obligations to the
farm equipment manufacturer;
(5) the farm equipment dealer has failed to operate in the normal course of business for
seven consecutive days or has otherwise abandoned the business;
(6) the farm equipment dealer has pleaded guilty to or has been convicted of a felony
affecting the relationship between the dealer and manufacturer;
(7) the dealer has engaged in conduct which is injurious or detrimental to the dealer's
customers or to the public welfare; or
(8) the farm equipment dealer, after receiving notice from the manufacturer of its
requirements for reasonable market penetration based on the manufacturer's experience in other
comparable marketing areas, consistently fails to meet the manufacturer's market penetration
requirements.
    Subd. 2. Notice. Except as otherwise provided in this subdivision, a farm equipment
manufacturer shall provide a farm equipment dealer at least 90 days' prior written notice of
termination, cancellation, or nonrenewal of the dealership agreement. The notice shall state all
reasons constituting good cause for the action and shall provide that the dealer has 60 days in
which to cure any claimed deficiency. If the deficiency is rectified within 60 days, the notice is
void. The notice and right to cure provisions under this section do not apply if the reason for
termination, cancellation, or nonrenewal is for any reason set forth in subdivision 1, clauses
(1) to (7).
History: 1988 c 511 s 2

325E.063 VIOLATIONS.
(a) It is a violation of sections 325E.061 to 325E.065 for a farm equipment manufacturer to
coerce a farm equipment dealer to accept delivery of farm equipment which the farm equipment
dealer has not voluntarily ordered.
(b) It is a violation of sections 325E.061 to 325E.065 for a farm equipment manufacturer to:
(1) condition or attempt to condition the sale of farm equipment on a requirement
that the farm equipment dealer also purchase other goods or services; except that a farm
equipment manufacturer may require the dealer to purchase all parts reasonably necessary to
maintain the quality of operation in the field of any farm equipment used in the trade area and
telecommunication necessary to communicate with the farm equipment manufacturer;
(2) coerce a farm equipment dealer into a refusal to purchase the farm equipment
manufactured by another farm equipment manufacturer;
(3) discriminate in the prices charged for farm equipment of like grade and quality sold
by the farm equipment manufacturer to similarly-situated farm equipment dealers. The clause
does not prevent the use of differentials which make only due allowance for difference in the
cost of manufacture, sale, or delivery or for the differing methods or quantities in which the farm
equipment is sold or delivered, by the farm equipment manufacturer; or
(4) attempt or threaten to terminate, cancel, fail to renew, or substantially change the
competitive circumstances of the dealership agreement if the attempt or threat is based on the
results of a natural disaster, including a sustained drought in the dealership market area, a labor
dispute, or other circumstance beyond the dealer's control.
History: 1988 c 511 s 3; 1991 c 70 s 4

325E.0631 WARRANTIES.
    Subdivision 1. Application. The requirements of this section apply to all warranty claims
submitted by a dealer to a farm equipment manufacturer in which the farm equipment dealer
has complied with the reasonable policies and procedures contained in the farm equipment
manufacturer's warranty.
    Subd. 2. Prompt payment. Claims filed for payment under warranty agreements must be
approved or disapproved within 30 days of receipt by the farm equipment manufacturer. Unless
the farm equipment dealer agrees to a later date, approved claims for payment must be paid within
30 days of their approval. When a claim is disapproved, the farm equipment manufacturer shall
notify the dealer within the 30-day period stating the specific grounds on which the disapproval
is based. Any claim not specifically disapproved within 30 days of receipt is deemed approved
and must be paid within 30 days.
    Subd. 3. Posttermination claims. If, after termination of a contract, a dealer submits a
warranty claim for warranty work performed before the effective date of the termination, the farm
equipment manufacturer shall approve or disapprove the claim within 30 days of receipt.
    Subd. 4. Compensation for warranty work. Warranty work performed by the dealer must
be compensated in accordance with the reasonable and customary amount of time required to
complete the work, expressed in hours and fractions of hours multiplied by the dealer's established
customer hourly retail labor rate, which the dealer shall communicate to the farm equipment
manufacturer before performing the warranty work.
    Subd. 5. Expenses. Expenses expressly excluded under the farm equipment manufacturer's
warranty to the customer must not be included in claims and are not required to be paid on
requests for compensation from the dealer for warranty work performed.
    Subd. 6. Compensation for parts. All parts used by the dealer in performing warranty
work must be paid to the dealer in the amount equal to the dealer's net price for the parts, plus
a minimum of 15 percent to reimburse the dealer for reasonable costs of doing business in
performing warranty service on the farm equipment manufacturer's behalf, including but not
limited to freight and handling costs.
    Subd. 7. Adjustment for errors. The farm equipment manufacturer may adjust for errors
discovered during audit, and if necessary, to adjust claims paid in error.
    Subd. 8. Alternate terms and conditions. A dealer may choose to accept alternate
reimbursement terms and conditions in lieu of the requirements of subdivisions 2 to 7, provided
there is a written dealer agreement between the farm equipment manufacturer and the dealer
providing for compensation to the dealer for warranty labor costs either as: (1) a discount in the
pricing of the equipment to the dealer; or (2) a lump-sum payment to the dealer. The discount
or lump sum must be no less than five percent of the suggested retail price of the equipment. If
the requirements of this subdivision are met and alternate terms and conditions are in place,
subdivisions 2 to 7 do not apply and the alternate terms and conditions are enforceable.
History: 2003 c 78 s 1

325E.064 STATUS OF INCONSISTENT AGREEMENTS.
A term of a dealership agreement either expressed or implied, including a choice of law
provision, which is inconsistent with the terms of sections 325E.061 to 325E.065 or that purports
to waive a farm equipment manufacturer's compliance with sections 325E.061 to 325E.065 is
void and unenforceable and does not waive any rights which are provided to a person by sections
325E.061 to 325E.065.
History: 1988 c 511 s 4; 1991 c 70 s 5

325E.065 REMEDIES.
If a farm equipment manufacturer violates sections 325E.061 to 325E.065, a farm equipment
dealer may bring an action against the manufacturer in a court of competent jurisdiction for
damages sustained by the dealer as a consequence of the manufacturer's violation, together with
the actual costs of the action, including reasonable attorney's fees, and the dealer also may be
granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial
change of competitive circumstances. The remedies in this section are in addition to any other
remedies permitted by law.
History: 1988 c 511 s 5

325E.066 CITATION.
Sections 325E.061 to 325E.065 may be cited as the "Minnesota Agricultural Equipment
Dealership Act."
History: 1988 c 511 s 6

325E.067 APPLICABILITY.
The provisions of sections 325E.061 to 325E.065 are effective April 14, 1988, and apply to
all dealership agreements now in effect which have no expiration date and which are continuing
contracts, and all other contracts entered into, amended, or renewed after April 14, 1988. Any
contract in force and effect on April 14, 1988, which by its terms will terminate on a date
subsequent thereto and which is not renewed is governed by the law as it existed before April
14, 1988.
History: 1988 c 511 s 7

HEAVY AND UTILITY EQUIPMENT

MANUFACTURERS AND DEALERS

325E.068 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.068 to 325E.0684, the terms defined
in this section have the meanings given them.
    Subd. 2. Heavy and utility equipment. "Heavy and utility equipment," "heavy equipment,"
or "equipment" means equipment and parts for equipment including but not limited to:
(1) excavators, crawler tractors, wheel loaders, compactors, pavers, backhoes, hydraulic
hammers, cranes, fork lifts, compressors, generators, attachments and repair parts for them,
and other equipment, including attachments and repair parts, used in all types of construction
of buildings, highways, airports, dams, or other earthen structures or in moving, stock piling, or
distribution of materials used in such construction;
(2) trucks and truck parts; or
(3) equipment used for, or adapted for use in, mining or forestry applications.
    Subd. 3. Heavy and utility equipment manufacturer. "Heavy and utility equipment
manufacturer," "heavy equipment manufacturer," or "equipment manufacturer" means a person,
partnership, corporation, association, or other form of business enterprise engaged in the
manufacturing, assembly, or wholesale distribution of heavy and utility equipment as defined in
subdivision 2. The term also includes a successor in interest of the heavy and utility equipment
manufacturer, including a purchaser of assets or stock, a surviving corporation resulting from a
merger or liquidation, a receiver or assignee, or a trustee of the original equipment manufacturer.
    Subd. 4. Heavy and utility equipment dealer or dealership. "Heavy and utility equipment
dealer" or "heavy and utility equipment dealership" means a person, partnership, corporation,
association, or other form of business enterprise engaged in the business of acquiring heavy
and utility equipment from a manufacturer and reselling the heavy and utility equipment at
wholesale or retail.
    Subd. 5. Dealership agreement. "Dealership agreement" means an oral or written agreement
of definite or indefinite duration between an equipment manufacturer and an equipment dealer
that enables the dealer to purchase heavy and utility equipment from the manufacturer and
provides for the rights and obligations of the parties with respect to the purchase or sale of heavy
and utility equipment.
    Subd. 6. Truck. "Truck" means a motor vehicle designed and used for carrying things other
than passengers, a truck-tractor as defined in section 168.011, subdivision 12, and a semitrailer as
defined in section 168.011, subdivision 14. "Truck" does not include a pickup truck or van with a
manufacturer's nominal rated carrying capacity of three-fourths ton or less.
    Subd. 7. Truck parts. "Truck parts" means all parts of a truck, including body parts.
History: 1989 c 267 s 1; 1991 c 70 s 6-8; 1993 c 199 s 1-3; 1996 c 291 s 1; 2003 c 78 s 2

325E.0681 TERMINATIONS OR CANCELLATIONS.
    Subdivision 1. Good cause required. No equipment manufacturer, directly or through an
officer, agent, or employee may terminate, cancel, fail to renew, or substantially change the
competitive circumstances of a dealership agreement without good cause. "Good cause" means
failure by an equipment dealer to substantially comply with essential and reasonable requirements
imposed upon the dealer by the dealership agreement, if the requirements are not different from
those requirements imposed on other similarly situated dealers by their terms. In addition, good
cause exists whenever:
(a) Without the consent of the equipment manufacturer who shall not withhold consent
unreasonably, (1) the equipment dealer has transferred an interest in the equipment dealership,
(2) there has been a withdrawal from the dealership of an individual proprietor, partner, major
shareholder, or the manager of the dealership, or (3) there has been a substantial reduction in
interest of a partner or major stockholder.
(b) The equipment dealer has filed a voluntary petition in bankruptcy or has had an
involuntary petition in bankruptcy filed against it that has not been discharged within 30 days after
the filing, or there has been a closeout or sale of a substantial part of the dealer's assets related
to the equipment business, or there has been a commencement of dissolution or liquidation of
the dealer.
(c) There has been a change, without the prior written approval of the manufacturer, in the
location of the dealer's principal place of business under the dealership agreement.
(d) The equipment dealer has defaulted under a security agreement between the dealer and
the equipment manufacturer, or there has been a revocation or discontinuance of a guarantee of
the dealer's present or future obligations to the equipment manufacturer.
(e) The equipment dealer has failed to operate in the normal course of business for seven
consecutive days or has otherwise abandoned the business.
(f) The equipment dealer has pleaded guilty to or has been convicted of a felony affecting the
relationship between the dealer and manufacturer.
(g) The dealer has engaged in conduct that is injurious or detrimental to the dealer's
customers or to the public welfare.
(h) The equipment dealer, after receiving notice from the manufacturer of its requirements
for reasonable market penetration based on the manufacturer's experience in other comparable
marketing areas, consistently fails to meet the manufacturer's market penetration requirements.
    Subd. 2. Notice. Except as otherwise provided in this subdivision, an equipment
manufacturer shall provide an equipment dealer at least 90 days' prior written notice of
termination, cancellation, or nonrenewal of the dealership agreement. The notice must state all
reasons constituting good cause for the action and must provide that the dealer has until expiration
of the notice period in which to cure a claimed deficiency. If the deficiency is rectified within the
notice period, the notice is void. The notice and right to cure provisions under this section do
not apply if the reason for termination, cancellation, or nonrenewal is for any reason set forth
in subdivision 1, clauses (a) to (g).
    Subd. 3. Obligation to repurchase. If a dealership agreement is terminated, canceled, or
discontinued, the equipment manufacturer shall pay to the dealer, or credit to the dealer's account
if the dealer has an outstanding amount owed to the manufacturer, an amount equal to 100 percent
of the net cost of all unused heavy and utility equipment in new condition that has been purchased
by the dealer from the manufacturer within the 24 months immediately preceding notification by
either party of intent to terminate, cancel, or discontinue the agreement. This amount must include
transportation and reasonable assembly charges that have been paid by the dealer, or invoiced to
the dealer's account by the manufacturer. The dealer may elect to keep the merchandise instead of
receiving payment, if the contract gives the dealer this right.
    Subd. 4. Repair parts. (a) The manufacturer shall pay the dealer, or credit to the dealer's
account if the dealer has an outstanding amount owed to the manufacturer, the following:
(1) 95 percent of the current net prices on repair parts, including superseded parts listed
in current price lists or catalogs in use by the manufacturer on the date of the termination,
cancellation, or discontinuance of the agreement;
(2) as to any parts not listed in current price lists or catalogs, 100 percent of the invoiced
price of the repair part for which the dealer has an invoice if the parts had previously been
purchased by the dealer from the manufacturer and are held by the dealer on the date of the
termination, cancellation, or discontinuance of the agreement or received by the dealer from the
manufacturer after that date;
(3) 50 percent of the most recently published price of all other parts if the price list or catalog
is not more than ten years old as of the date of the termination, cancellation, or discontinuance of
the agreement;
(4) net cost less 20 percent per year depreciation for five years following purchase of all
data processing and communications hardware and software the retailer purchased from the
wholesaler, manufacturer, or distributor, or an approved vendor of the wholesaler, manufacturer,
or distributor, to meet the minimum requirements for the hardware and software as set forth by the
wholesaler, manufacturer, or distributor; and
(5) an amount equal to 75 percent of the net cost to the retailer of specialized repair tools,
including computerized diagnostic hardware and software, and signage purchased by the retailer
pursuant to the requirements of the wholesaler, manufacturer, or distributor. Specialized repair
tools or signage that have never been used must be repurchased at 100 percent of the retailer's
cost. Specialized repair tools must be unique to the wholesaler's, manufacturer's, or distributor's
product line, specifically required by the wholesaler, manufacturer, or distributor, and must be
in complete and usable condition. The wholesaler, manufacturer, or distributor may require by
contract or agreement that the retailer resell to the wholesaler, manufacturer, or distributor such
specialized repair tools and signage for the amounts established in this section or the amount
specified in the dealer agreement or contract or fair market value, whichever is greater.
(b) The manufacturer shall pay the dealer, or credit to the dealer's account, if the dealer
has an outstanding amount owed to the manufacturer, an amount equal to five percent of the
prices required to be paid or credited by this subdivision for all parts, data processing and
communications hardware and software, and specialized repair tools and signage returned for
the handling, packing, and loading of the parts, data processing and communications hardware
and software, and specialized repair tools and signage back to the manufacturer unless the
manufacturer elects to perform inventorying, packing, and loading of the parts itself. Upon the
payment or allowance of credit to the dealer's account of the sum required by this subdivision,
the title to and right to possess the heavy and utility equipment passes to the manufacturer.
However, this section does not affect any security interest that the manufacturer may have in
the inventory of the dealer.
    Subd. 5. Payment; interest. Payment required to be made under this section must be
made not later than 60 days from the date the heavy and utility equipment is received by the
manufacturer, and if not by then paid, the amount payable by the manufacturer bears interest at
the maximum rate allowed by law from the date the agreement was terminated, canceled, or
discontinued until the date payment is received by the dealer.
    Subd. 6. Notice of intent to return. In lieu of returning the heavy and utility equipment to
the manufacturer, the dealer may advise the manufacturer that the dealer has heavy and utility
equipment that the dealer intends to return. The notice of the dealer's intention to return must be
in writing, sworn to before a notary public as to the accuracy of the listing of heavy and utility
equipment and that all of the items are in usable condition. The notice must include the name and
business address of the person or business who has possession and custody of them and where
they may be inspected. The list may be verified by the manufacturer. The notice must also state
the name and business address of the person or business who has the authority to serve as the
escrow agent of the dealer, to accept payment or a credit to the dealer's account on behalf of the
dealer, and to release the heavy and utility equipment to the manufacturer. The notice constitutes
the appointment of the escrow agent to act on the dealer's behalf.
    Subd. 7. Manufacturer inspection. (a) The manufacturer has 30 days from the date of the
mailing of the notice under subdivision 6, which must be by certified mail, in which to inspect the
heavy and utility equipment and verify the accuracy of the dealer's list.
(b) The manufacturer shall, within ten days after inspection:
(1) pay the escrow agent;
(2) give evidence that a credit to the account of the dealer has been made if the dealer has an
outstanding amount due the manufacturer; or
(3) send to the escrow agent a "dummy credit list" and shipping labels for the return of the
heavy and utility equipment to the manufacturer that are acceptable as returns.
    Subd. 8. Payment or credit requirements. If the manufacturer sends a credit list as provided
under subdivision 7 to the escrow agent, payment or a credit against the dealer's indebtedness
in accordance with this subdivision for the acceptable returns must accompany the credit list.
On the receipt of the payment, evidence of a credit to the account of the dealer, or the credit list
with payment, the title to and the right to possess the heavy and utility equipment acceptable as
returns passes to the manufacturer. The escrow agent shall ship or cause to be shipped the heavy
and utility equipment acceptable as returns to the manufacturer unless the manufacturer elects to
personally perform the inventorying, packing, and loading of the heavy and utility equipment.
When they have been received by the manufacturer, notice of their receipt shall be sent by certified
mail to the escrow agent who shall then disburse 90 percent of the payment it has received, less its
actual expenses and a reasonable fee for its services, to the dealer. The escrow agent shall keep
the balance of the funds in the dealer's escrow account until it is notified that an agreement has
been reached as to the nonreturnables. After being notified of the agreement, the escrow agent
shall disburse the remaining funds and dispose of any remaining heavy and utility equipment as
provided in the agreement. If no agreement is reached in a reasonable time, the escrow agent may
refer the matter to an arbitrator who has authority to resolve all unsettled issues in the dispute.
    Subd. 9. Provisions of contract supplemented. This section is supplemental to an
agreement between the dealer and the manufacturer covering the return of heavy and utility
equipment. The dealer may elect to pursue either the dealer's contract remedy or the remedy
provided in this section. An election by the dealer to pursue the contract remedy does not bar
the dealer's right to the remedy provided in this section as to the heavy and utility equipment not
affected by the contract remedy. Notwithstanding anything contained in this section, the rights of
a manufacturer to charge back to the dealer's account amounts previously paid or credited as a
discount incident to the dealer's purchase of goods is not affected.
    Subd. 10. Death of dealer; repurchase from heirs. In the event of the death of the dealer
or majority stockholder in a corporation operating a dealership, the manufacturer shall, unless
the heir or heirs of the deceased agree to continue to operate the dealership, repurchase the
merchandise from the heir or heirs upon the same terms and conditions as are otherwise provided
in this section. In the event the heir or heirs do not agree to continue to operate the dealership, it
shall be deemed a cancellation or discontinuance of the contract by the dealer under subdivision 1.
    Subd. 11. Failure to pay sums specified on cancellation of contracts; liability. In the event
that a manufacturer, upon the cancellation of a dealership agreement, fails or refuses to make
payment to the dealer or the dealer's heir or heirs as required by this section, the manufacturer is
liable in a civil action to be brought by the dealer or the dealer's heir or heirs for: (1) 100 percent
of the net cost of the heavy or utility equipment; (2) transportation and reasonable assembly
charges which have been paid by the dealer; (3) 95 percent of the current net price of repair
parts, 100 percent of invoiced prices, and 50 percent of the price of all other parts as provided in
subdivision 1; (4) payment for data processing and communication hardware and software, or
specialized repair tools or signage as outlined in subdivision 1, paragraph (d); and (5) five percent
for handling, packing, and loading, if applicable.
    Subd. 12. Exceptions. Unless a dealer has delivered parts to an escrow agent pursuant to
subdivision 1, this section does not require the repurchase from a dealer of a repair part where
the dealer previously has failed to return the repair part to the manufacturer after being offered a
reasonable opportunity to return the repair part at a price not less than: (1) 100 percent of the net
price of the repair part as listed in the then current price list or catalog; (2) 100 percent of the
invoiced price; and (3) 50 percent of the most recent published price as provided in subdivision 1.
This section does not require the repurchase from a dealer of repair parts that have a limited
storage life or are otherwise subject to deterioration, such as rubber items, gaskets, and batteries,
unless those items have been purchased from the wholesaler, manufacturer, or distributor within
the past two years; repair parts which because of their condition are not resalable as new parts
without reconditioning; repair parts which have lost required traceability for quality assurance
requirements; and repair parts that were marked nonreturnable or future nonreturnable when
the retailer ordered them.
History: 1989 c 267 s 2; 1991 c 71 s 1-10; 1993 c 13 art 2 s 10; 2001 c 72 s 5-9

325E.0682 VIOLATIONS.
(a) It is a violation of sections 325E.068 to 325E.0684 for an equipment manufacturer to
coerce an equipment dealer to accept delivery of heavy and utility equipment that the equipment
dealer has not voluntarily ordered.
(b) It is a violation of sections 325E.068 to 325E.0684 for an equipment manufacturer to:
(1) condition or attempt to condition the sale of equipment on a requirement that the
equipment dealer also purchase other goods or services; except that an equipment manufacturer
may require the dealer to purchase all parts reasonably necessary to maintain the quality of
operation in the field of any equipment used in the trade area and telecommunications necessary
to communicate with the equipment manufacturer;
(2) coerce an equipment dealer into a refusal to purchase the equipment manufactured by
another equipment manufacturer;
(3) discriminate in the prices charged for equipment of like grade and quality sold by the
equipment manufacturer to similarly situated equipment dealers. This clause does not prevent
the use of differentials that make only due allowance for difference in the cost of manufacture,
sale, or delivery or for the differing methods or quantities in which the equipment is sold or
delivered, by the equipment manufacturer; or
(4) attempt or threaten to terminate, cancel, fail to renew, or substantially change the
competitive circumstances of the dealership agreement if the attempt or threat is based on the
results of a natural disaster, a labor dispute, or other circumstance beyond the dealer's control.
History: 1989 c 267 s 3; 1991 c 70 s 9

325E.0683 STATUS OF INCONSISTENT AGREEMENTS.
A term of a dealership agreement either expressed or implied, including a choice of law
provision, that is inconsistent with the terms of sections 325E.068 to 325E.0684 or that purports
to waive an equipment manufacturer's compliance with sections 325E.068 to 325E.0684 is void
and unenforceable and does not waive any rights that are provided to a person by sections
325E.068 to 325E.0684.
History: 1989 c 267 s 4; 1991 c 70 s 10

325E.0684 REMEDIES.
If an equipment manufacturer violates sections 325E.068 to 325E.0684, an equipment dealer
may bring an action against the manufacturer in a court of competent jurisdiction for damages
sustained by the dealer as a consequence of the manufacturer's violation, together with the actual
costs of the action, including reasonable attorney's fees. The dealer also may be granted injunctive
relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive
circumstances. The remedies in this section are in addition to any other remedies permitted by law.
History: 1989 c 267 s 5

CIGARETTE VENDING MACHINES

325E.07 CIGARETTE VENDING MACHINES, NOTICE RELATING TO SALES.
    Subdivision 1. Required posting. In a conspicuous place on each cigarette vending machine
in use within the state, there shall be posted, and kept in easily legible form and repair, by the
owner, lessee, or person having control thereof, a warning to persons under 18 years of age
which shall be printed in bold type letters each of which shall be at least one-half inch high and
which shall read as follows:
"Any Person Under 18 Years of Age Is Forbidden By Law To Purchase Cigarettes From
This Machine."
    Subd. 2. Criminal penalty. Any owner, any lessee, and any person having control of
any cigarette vending machine which does not bear the warning required by this section shall
be guilty of a misdemeanor.
History: 1963 c 545 s 1

325E.075 [Repealed, 1997 c 227 s 8]

GASOLINE STATIONS;

DISABILITY SERVICE

325E.08 SERVICE FOR DISABLED PERSONS AT GASOLINE STATIONS.
All gasoline service stations which offer both full service and self-service gasoline dispensing
operations shall provide an attendant to dispense gasoline at the self-service price into vehicles
bearing disability plates or a disability parking certificate issued pursuant to section 168.021.
History: 1979 c 160 s 1; 2005 c 56 s 1

MOTOR FUEL SALES; COMPUTATION BY SMALL RETAILERS

325E.09 [Repealed, 1992 c 575 s 54]

325E.095 COMPUTATION OF SALES BY SMALL RETAILERS.
A retail business selling less than 50,000 gallons of motor vehicle fuel per year may compute
fuel pump sales by the half gallon.
This section supersedes any contrary provision of law.
History: 1983 c 106 s 1

MOTOR VEHICLES; AIR POLLUTION

CONTROL SYSTEMS

325E.0951 MOTOR VEHICLE AIR POLLUTION CONTROL SYSTEMS.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) Motor vehicle. "Motor vehicle" means any self-propelled vehicle powered by an internal
combustion engine and designed for use on the public highways, such as automobiles, trucks,
and buses.
(b) Person. "Person" means an individual, firm, partnership, incorporated and unincorporated
association, or any other legal or commercial entity.
(c) Air pollution control system. "Air pollution control system" means any device or
element of design installed on or in a motor vehicle or motor vehicle engine in order to comply
with pollutant emission restrictions established for the motor vehicle or motor vehicle engine by
federal statute or regulation.
    Subd. 2. Prohibited acts. (a) A person may not knowingly tamper with, adjust, alter, change,
or disconnect any air pollution control system on a motor vehicle or on a motor vehicle engine.
(b) A person may not manufacture, advertise, offer for sale, sell, use, or install a device that
causes any air pollution control system not to be functional as designed.
(c) A person may not sell or transfer a motor vehicle with knowledge that any air pollution
control system is either not in place or is not functional.
    Subd. 3. Repairs. This section does not prevent the service, repair, or replacement of any
air pollution control system.
    Subd. 3a. Disclosure. No person may transfer a motor vehicle that was required to be
manufactured with an air pollution control system without certifying in writing to the transferee
that to the best of the person's knowledge, the air pollution control systems, including the
restricted gasoline fill pipe, have not been removed, altered, or rendered inoperative. The registrar
of motor vehicles shall prescribe the manner and form in which this written disclosure must be
made. No transferor may knowingly give a false statement to a transferee in making a disclosure
required by this subdivision.
    Subd. 4. Penalty. A person who violates this section is guilty of a misdemeanor.
    Subd. 5.[Repealed, 1995 c 220 s 141]
    Subd. 6. Nonapplication. This section does not apply to a sale or transfer of a motor vehicle
for the purpose of scrapping, dismantling, or destroying it.
History: 1Sp1985 c 14 art 19 s 36; 1988 c 487 s 1; 1988 c 634 s 11; 1990 c 446 s 4; 1995 c
247 art 1 s 44

325E.0952 MANDATORY AIR BAG REPLACEMENT.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Motor vehicle" means a self-propelled vehicle designed for use on the public highways
and originally equipped with an air bag.
(c) "Person" means an individual, firm, partnership, incorporated or unincorporated
association, or any other legal or commercial entity.
(d) "Air bag" means any inflatable restraint system installed in a motor vehicle to comply
with safety standards established for the motor vehicle by federal law or regulation.
(e) "Collision repair" means restoration or repair of damage to a motor vehicle resulting
from collision or other occurrence.
    Subd. 2. Prohibited acts. (a) A person with actual knowledge that a motor vehicle's air
bag has deployed or is missing may not perform collision repair of that motor vehicle unless
any deployed or missing air bag is replaced with an air bag designed for the make, model, and
year of the vehicle.
    (b) A person may not knowingly install or reinstall any object in lieu of an airbag designed
for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system.
    Subd. 3. Exclusion. Subdivision 2, paragraph (a), does not apply to a motor vehicle that is a
model year more than seven years prior to the year that the repair is performed.
    Subd. 4. Penalty. A person who violates this section is guilty of a misdemeanor.
History: 2007 c 71 s 1

MOTOR OIL COLLECTION; RECYCLING

325E.10 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.11 to 325E.112 and this section, the
terms defined in this section have the meanings given them.
    Subd. 2. Motor oil. "Motor oil" means oil used as a lubricant or hydraulics in a transmission
or internal combustion engine motor vehicle as defined in section 168.011, subdivision 4.
    Subd. 2a. Motor oil filter. "Motor oil filter" means any filter used in combination with
motor oil.
    Subd. 3. Used motor oil. "Used motor oil" means motor oil which through use, storage or
handling has become unsuitable for its original purpose due to the presence of impurities or
loss of original properties.
    Subd. 4. Person. "Person" means any individual, corporation, partnership, cooperative,
association, firm, sole proprietorship, or other entity.
    Subd. 5. Used motor oil filter. "Used motor oil filter" means a motor oil filter which through
use, storage, or handling has become unsuitable for its original purpose due to the presence of
impurities or loss of original properties.
History: 1977 c 68 s 1; 1995 c 220 s 118; 1997 c 216 s 130-132; 2003 c 128 art 2 s 44

325E.11 COLLECTION FACILITIES; NOTICE.
(a) Any person selling at retail or offering motor oil or motor oil filters for retail sale in
this state shall:
(1) post a notice indicating the nearest location where used motor oil and used motor oil
filters may be returned at no cost for recycling or reuse, post a toll-free telephone number that may
be called by the public to determine a convenient location, or post a listing of locations where
used motor oil and used motor oil filters may be returned at no cost for recycling or reuse; or
(2) if the person is subject to section 325E.112, subdivision 1, paragraph (b), post a notice
informing customers purchasing motor oil or motor oil filters of the location of the used motor
oil and used motor oil filter collection site established by the retailer in accordance with section
325E.112, subdivision 1, paragraph (b), where used motor oil and used motor oil filters may be
returned at no cost.
(b) A notice under paragraph (a) shall be posted on or adjacent to the motor oil and motor
oil filter displays, be at least 8-1/2 inches by 11 inches in size, contain the universal recycling
symbol with the following language:
(1) "It is illegal to put used oil and used motor oil filters in the garbage.";
(2) "Recycle your used oil and used motor oil filters."; and
(3)(i) "There is a free collection site here for your used oil and used motor oil filters.";
(ii) "There is a free collection site for used oil and used motor oil filters located at (name of
business and street address).";
(iii) "For the location of a free collection site for used oil and used motor oil filters call
(toll-free phone number)."; or
(iv) "Here is a list of free collection sites for used oil and used motor oil filters."
(c) The Division of Weights and Measures in the Department of Commerce shall enforce
compliance with this section as provided in section 239.54. The Pollution Control Agency shall
enforce compliance with this section under sections 115.071 and 116.072 in coordination with the
Division of Weights and Measures.
History: 1977 c 68 s 2; 1987 c 348 s 37; 1995 c 220 s 119; 1997 c 216 s 133; 1999 c
231 s 182; 1Sp2001 c 4 art 6 s 72

325E.112 USED MOTOR OIL AND USED MOTOR OIL FILTER COLLECTION.
    Subdivision 1. Collection. (a) Motor oil and motor oil filter manufacturers and retailers shall
seek to provide by May 31, 2001:
(1) access to at least one nongovernmental site for collection of used motor oil and used
motor oil filters from the public within a five-mile radius of any resident in the seven-county
metropolitan area; and
(2) access to at least one nongovernmental site for collection of used motor oil and used
motor oil filters from the public within a city or town with a population of greater than 1,500
outside the seven-county metropolitan area. The commissioner of the Pollution Control Agency
shall determine by June 30, 2001, whether these goals have been met.
(b) If the commissioner of the Pollution Control Agency determines that motor oil and motor
oil filter manufacturers and retailers have not met the goals in paragraph (a) by May 31, 2001,
then beginning July 1, 2001, all retailers that sell at an individual location more than 1,000 motor
oil filters per calendar year at retail for off-site installation must provide for collection of used
motor oil and used motor oil filters from the public. Retailers who do not collect the used motor
oil and used motor oil filters at their individual locations may meet the requirement by entering
into a written agreement with another party whose location is:
(1) within two miles of the retailer's location if the retailer is located:
(i) within the Interstate Highway 494/694 beltway;
(ii) in a home rule charter or statutory city or a town contiguous to the Interstate Highway
494/694 beltway; or
(iii) in a home rule charter or statutory city of over 30,000 population within the metropolitan
area as defined in section 473.121; or
(2) within five miles of the retailer's location if the retailer is not in an area described in
clause (1).
(c) The written agreement under paragraph (b) must specify that the other party will accept
from the public up to ten gallons of used motor oil and ten used motor oil filters per person per
month during normal hours of operation unless:
(1) the used motor oil is known to be contaminated with antifreeze, other hazardous waste, or
other materials which may increase the cost of used motor oil management and disposal;
(2) the storage equipment for that particular waste is temporarily filled to capacity; or
(3) the used motor oil or used motor oil filters are from a business.
(d) Persons accepting used motor oil from the public in accordance with this subdivision
shall presume that the used motor oil is not contaminated with hazardous waste, provided the
person offering the used motor oil is acting in good faith and the person accepting the used motor
oil does not have evidence to the contrary. Persons collecting used motor oil from the public must
take precautions to prevent contamination of used motor oil storage equipment. Precautions may
include, but are not limited to, keeping a log of persons dropping off used motor oil, securing
access to used motor oil storage equipment, or posting signage at the site indicating the proper
use of the equipment.
(e) Persons accepting used motor oil and used motor oil filters under paragraph (b), including
persons accepting the oil and filters on behalf of the retailer, may not charge a fee when accepting
ten gallons or less of used motor oil or ten or fewer used motor oil filters per person per month.
(f) Persons that receive contaminated used motor oil may manage the used motor oil
as household hazardous waste through publicly administered household hazardous waste
collection programs, with approval from the household hazardous waste program. Used motor oil
contaminated with hazardous waste from the public that cannot be managed through a household
hazardous waste collection program must be managed as a hazardous waste in accordance with
rules adopted by the Pollution Control Agency.
    Subd. 2. Reimbursement program. A contaminated used motor oil reimbursement program
is established to provide reimbursement of the costs of disposing of contaminated used motor oil.
In order to receive reimbursement, persons who accept used motor oil from the public or parties
that they have contracted with to accept used motor oil must provide to the commissioner of the
Pollution Control Agency proof of contamination, information on methods the person used to
prevent the contamination of used motor oil at the site, a copy of the billing for disposal costs
incurred because of the contamination and proof of payment, and a copy of the hazardous waste
manifest or shipping paper used to transport the waste. The commissioner shall reimburse a
recipient of contaminated used motor oil 100 percent of the costs of properly disposing of the
contaminated used motor oil. The commissioner may not reimburse persons who intentionally
place contaminants or do not take precautions to prevent contaminants from being placed in used
motor oil, or operate a private collection site that:
(1) is not publicly promotable or listed with the agency;
(2) does not accept up to five gallons of used motor oil and five used motor oil filters per
person per day without charging a fee; or
(3) does not control access to the site during times when the site is closed.
A person operating a collection site may refuse to accept any used motor oil or used motor
oil filter:
(1) that is from a business;
(2) that appears to be contaminated with antifreeze, hazardous waste, or other materials that
may increase the cost of used motor oil management and disposal; or
(3) when the storage equipment for that particular waste is temporarily filled.
Persons operating government collection sites are eligible for reimbursement of the costs of
disposing of contaminated used motor oil. Reimbursements made under this subdivision are
limited to the money available in the contaminated used motor oil reimbursement account.
    Subd. 2a.[Repealed, 1Sp2003 c 21 art 8 s 20]
    Subd. 3.[Repealed, 2003 c 128 art 2 s 56]
    Subd. 4. Liability exemption. Persons who accept used motor oil and used motor oil filters
from the public and retailers and manufacturers who contract with such persons for purposes of
subdivision 1 are exempt from liability under chapter 115B for the used motor oil, contaminated
used motor oil, and used motor oil filters accepted at facilities that accept used motor oil or
used motor oil filters from the public free of charge, after the used motor oil, contaminated used
motor oil, and used motor oil filters are sent off-site in compliance with rules adopted by the
Pollution Control Agency.
    Subd. 5. Enforcement. The commissioner of the Pollution Control Agency shall enforce
compliance with this section under sections 115.071 and 116.072.
History: 1995 c 220 s 120; 1997 c 216 s 134; 1998 c 389 art 16 s 16; 1999 c 231 s 183-185

325E.113 [Repealed, 2003 c 128 art 2 s 56]

LEAD ACID BATTERIES

325E.115 LEAD ACID BATTERIES; COLLECTION FOR RECYCLING.
    Subdivision 1. Surcharge; collection; notice. (a) A person selling lead acid batteries at retail
or offering lead acid batteries for retail sale in this state shall:
(1) accept, at the point of transfer, lead acid batteries from customers;
(2) charge a fee of $5 per battery sold unless the customer returns a used battery to the
retailer; and
(3) post written notice in accordance with section 325E.1151.
(b) Any person selling lead acid batteries at wholesale or offering lead acid batteries for sale
at wholesale must accept, at the point of transfer, lead acid batteries from customers.
    Subd. 2. Compliance; management. The Division of Weights and Measures in the
Department of Commerce shall enforce compliance of subdivision 1 as provided in section
239.54. The commissioner of the Pollution Control Agency shall inform persons governed by
subdivision 1 of requirements for managing lead acid batteries.
History: 1987 c 186 s 15; 1987 c 348 s 38; 1Sp1989 c 1 art 20 s 21; 1991 c 337 s 58;
1Sp2001 c 4 art 6 s 73

325E.1151 LEAD ACID BATTERY PURCHASE AND RETURN.
    Subdivision 1. Purchasers must return battery or pay $5. (a) A person who purchases a
lead acid battery at retail, except a lead acid battery that is designed to provide power for a boat
motor that is purchased at the same time as the battery, must:
(1) return a lead acid battery to the retailer; or
(2) pay the retailer a $5 surcharge.
(b) A person who has paid a $5 surcharge under paragraph (a) must receive a $5 refund from
the retailer if the person returns a lead acid battery with a receipt for the purchase of a new battery
from that retailer within 30 days after purchasing a new lead acid battery.
(c) A retailer may keep the unrefunded surcharges for lead acid batteries not returned
within 30 days.
    Subd. 2. Retailers must accept batteries. (a) A person who sells lead acid batteries at retail
must accept lead acid batteries from consumers and may not charge to receive the lead acid
batteries. A consumer may not deliver more than five lead acid batteries to a retailer at one time.
(b) A retailer of lead acid batteries must recycle the lead acid batteries received from
consumers.
(c) A retailer who violates paragraph (b) is guilty of a misdemeanor. Each lead acid battery
that is not recycled is a separate violation.
    Subd. 3. Retailers must post notices. (a) A person who sells lead acid batteries at retail
must post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing
decisions.
(b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal recycling
symbol and state:

"NOTICE: USED BATTERIES

This retailer is required to accept your used lead acid batteries, EVEN IF YOU DO NOT
PURCHASE A BATTERY. When you purchase a new battery, you will be charged an additional
$5 unless you return a used battery within 30 days.
It is a crime to put a motor vehicle battery in the garbage."
    Subd. 4. Notices required in newspaper advertisements. (a) An advertisement for sale of
new lead acid batteries at retail in newspapers published in this state must contain the notice in
paragraph (b).
(b) The notice must state:
"$5 additional charge unless a used lead acid battery is returned. Improper disposal of a
lead acid battery is a crime."
History: 1Sp1989 c 1 art 20 s 22; 1991 c 337 s 59; 1993 c 249 s 32

325E.12 PENALTY.
Violation of sections 325E.10 to 325E.1151 is a petty misdemeanor. Sections 325E.10 to
325E.1151 may be enforced under section 115.071.
History: 1977 c 68 s 3; 1993 c 249 s 33

BATTERIES AND CORDLESS PRODUCTS

325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.
    Subdivision 1. Labeling. (a) The manufacturer of a button cell battery that is to be sold in
this state shall ensure that each battery contains no intentionally introduced mercury or is labeled
to clearly identify for the final consumer of the battery the type of electrode used in the battery.
(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that
each rechargeable battery is labeled to clearly identify for the final consumer of the battery the
type of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery
shall also provide clear instructions for properly recharging the battery.
    Subd. 2. Mercury content. (a) Except as provided in paragraph (c), a manufacturer may
not sell, distribute, or offer for sale in this state an alkaline manganese battery that contains
more than 0.025 percent mercury by weight.
(b) On application, the commissioner of the Pollution Control Agency may exempt a specific
type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the
requirements that can be reasonably substituted for the battery for which the exemption is sought.
A battery exempted by the commissioner under this paragraph is subject to the requirements of
section 115A.9155, subdivision 2.
(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for
sale in this state a button cell nonrechargeable battery not subject to paragraph (a) that contains
more than 25 milligrams of mercury.
(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery
containing a mercuric oxide electrode.
(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this
state an alkaline manganese battery, except an alkaline manganese button cell, that contains
mercury unless the commissioner of the Pollution Control Agency determines that compliance
with this requirement is not technically and commercially feasible.
    Subd. 2a. Approval of new batteries. A manufacturer may not sell, distribute, or offer
for sale in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide,
lithium, or alkaline manganese battery, without first having received approval of the battery
from the commissioner of the Pollution Control Agency. The commissioner shall approve only
batteries that comply with subdivision 1 and do not pose an undue hazard when disposed of. This
subdivision is intended to ensure that new types of batteries do not add additional hazardous or
toxic materials to the state's mixed municipal waste stream.
    Subd. 3. Rechargeable tools and appliances. (a) A manufacturer may not sell, distribute, or
offer for sale in this state a rechargeable consumer product unless:
(1) the battery can be easily removed by the consumer or is contained in a battery pack that
is separate from the product and can be easily removed; and
(2) the product and the battery are both labeled in a manner that is clearly visible to the
consumer indicating that the battery must be recycled or disposed of properly and the battery must
be clearly identifiable as to the type of electrode used in the battery.
(b) "Rechargeable consumer product" as used in this subdivision means any product that
contains a rechargeable battery and is primarily used or purchased to be used for personal, family,
or household purposes.
(c) On application by a manufacturer, the commissioner of the Pollution Control Agency
may exempt a rechargeable consumer product from the requirements of paragraph (a) if:
(1) the product cannot be reasonably redesigned and manufactured to comply with the
requirements prior to the effective date of Laws 1990, chapter 409, section 2;
(2) the redesign of the product to comply with the requirements would result in significant
danger to public health and safety; or
(3) the type of electrode used in the battery poses no unreasonable hazards when placed in
and processed or disposed of as part of mixed municipal solid waste.
(d) An exemption granted by the commissioner of the Pollution Control Agency under
paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.
    Subd. 4. Rechargeable batteries and products; notice. (a) A person who sells rechargeable
batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail
shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing
decisions.
(b) The notice must be at least four inches by six inches and state:
"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS
PRODUCTS:
Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs,
and products powered by nonremovable rechargeable batteries will provide a special collection
system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage.
Use the special collection system that will be provided in your area. Take care of our environment.
DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY
NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."
(c) Notice is not required for home solicitation sales, as defined in section 325G.06, or
for catalogue sales.
    Subd. 5. Prohibitions. A manufacturer of rechargeable batteries or products powered by
rechargeable batteries that does not participate in the pilot projects and programs required in
section 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or
products powered by rechargeable batteries after January 1, 1992.
After January 1, 1992, a person who first purchases rechargeable batteries or products
powered by rechargeable batteries for importation into the state for resale may not purchase
rechargeable batteries or products powered by rechargeable batteries made by any person other
than a manufacturer that participates in the projects and programs required under section
115A.9157.
History: 1990 c 409 s 2; 1991 c 257 s 3-6; 1992 c 593 art 1 s 35; 1993 c 249 s 34

325E.1251 PENALTY ENFORCEMENT.
    Subdivision 1. Penalty. Violation of section 325E.125 is a misdemeanor. A manufacturer
who violates section 325E.125 is also subject to a minimum fine of $100 per violation.
    Subd. 2. Recovery of costs. Section 325E.125 may be enforced under section 115.071. In an
enforcement action under this section in which the state prevails, the state may recover reasonable
administrative expenses, court costs, and attorney fees incurred to take the enforcement action,
in an amount to be determined by the court.
History: 1990 c 409 s 3; 1991 c 257 s 7; 1993 c 249 s 35

325E.127 NOTICE FOR FLUORESCENT LAMPS CONTAINING MERCURY.
    (a) A person who sells fluorescent lamps at retail must post the notice in paragraph (b) in a
manner clearly visible to a consumer examining fluorescent lamps offered for sale.
    (b) The notice must be in 36-point type or larger and state:
    "Fluorescent bulbs save energy and reduce environmental pollution. Note: Fluorescent
bulbs contain a small amount of mercury and must be recycled at the end of their use. Contact
your county or utility for recycling options."
    (c) A retailer may include additional language in the notice in order to promote the sale of
fluorescent lamps, provided that the language in paragraph (b) is present.
History: 2007 c 109 s 17
NOTE:This section, as added by Laws 2007, chapter 109, section 17, is effective July 1,
2008. Laws 2007, chapter 109, section 17, the effective date.

ODOMETERS

325E.13 TAMPERING WITH ODOMETERS; DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.13 to 325E.16, the terms defined in
this section have the meanings given them.
    Subd. 2. Owner. "Owner" means a person, other than a secured party, having the property in
or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person, but excludes a lessee under a lease not intended
as security.
    Subd. 3. Motor vehicle. "Motor vehicle" means any self-propelled vehicle not operated
exclusively upon railroad tracks, except snowmobiles and other devices designed and used
primarily for the transportation of persons over natural terrain, snow, or ice propelled by wheels,
skis, tracks, runners, or whatever other means.
    Subd. 4. Person. "Person" means an individual, firm, partnership, incorporated and
unincorporated association, or any other legal or commercial entity.
History: 1973 c 264 s 1

325E.14 PROHIBITED ACTS.
    Subdivision 1. Tampering. No person shall knowingly tamper with, adjust, alter, change, set
back, disconnect or, with intent to defraud, fail to connect the odometer of any motor vehicle, or
cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower
mileage than has actually been driven by the motor vehicle.
    Subd. 2. Operating restriction. No person shall with intent to defraud, operate a motor
vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected
or nonfunctional.
    Subd. 3. Sales and use restrictions. No person shall advertise for sale, sell, use or install on
any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the
odometer to register any mileage other than the true mileage.
    Subd. 4. Sales restriction. No person shall sell or offer for sale any motor vehicle with
knowledge that the mileage registered on the odometer has been altered so as to reflect a
lower mileage than has actually been driven by the motor vehicle without disclosing such fact
to prospective purchasers.
    Subd. 5. Conspiracy. No person shall conspire with any other person to violate this section
or section 325E.15.
    Subd. 6. Repair or replacement restriction. Nothing in this section shall prevent the
service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the
same as before the service, repair, or replacement. Where the odometer is incapable of registering
the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to
read zero and a written notice shall be attached to the left door frame of the vehicle by the owner
or an agent specifying the mileage prior to repair or replacement of the odometer and the date on
which it was repaired or replaced. No person shall remove or alter such a notice so affixed.
History: 1973 c 264 s 2; 1986 c 444

325E.15 TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.
No person shall transfer a motor vehicle without disclosing in writing to the transferee the true
mileage registered on the odometer reading or that the actual mileage is unknown if the odometer
reading is known by the transferor to be different from the true mileage. The regulations contained
in Code of Federal Regulations, title 49, sections 580.1 to 580.17, as amended through October
1, 1998, implementing Title IV of the Federal Motor Vehicle Information and Cost Savings Act
prescribe the manner in which written disclosure must be made in this state and are adopted by
reference. No transferor shall violate any regulations adopted under this section or knowingly
give a false statement to a transferee in making any disclosure required by the regulations.
History: 1973 c 264 s 3; 2000 c 426 s 30

325E.16 PENALTIES; REMEDIES.
    Subdivision 1. Criminal penalty. Any person who is found to have violated sections
325E.13 to 325E.16 shall be guilty of a gross misdemeanor.
    Subd. 2. Civil penalty. In addition to the penalties provided in subdivision 1, any person
who is found to have violated sections 325E.13 to 325E.16 shall be subject to the penalties
provided in section 8.31.
    Subd. 3. Civil action. Any person injured by a violation of sections 325E.13 to 325E.16
shall recover the actual damages sustained together with costs and disbursements, including
a reasonable attorney's fee, provided that the court in its discretion may increase the award
of damages to an amount not to exceed three times the actual damages sustained or $1,500,
whichever is greater.
History: 1973 c 264 s 4

TRACTOR CLOCK-HOUR METER TAMPERING

325E.165 DEFINITION.
For purposes of sections 325E.165 to 325E.167, "farm tractor" means a self-propelled vehicle
that is designed primarily for pulling or propelling agricultural machinery and implements and
used principally in the occupation or business of farming, including an implement of husbandry,
as defined in section 169.01, subdivision 55, that is self-propelled.
History: 2006 c 211 s 1

325E.166 CLOCK-HOUR METERS; PROHIBITED ACTS.
    Subdivision 1. Tampering. No person shall, with intent to defraud, knowingly tamper with,
adjust, alter, change, set back, disconnect, or fail to connect the clock-hour meter of a farm tractor,
or cause any of the foregoing to occur to a clock-hour meter of a farm tractor, so as to reflect
fewer hours than the farm tractor has actually been in operation.
    Subd. 2. Operation with disconnected or nonfunctional meter. No person shall, with
intent to defraud, operate a farm tractor knowing that the clock-hour meter of the farm tractor
is disconnected or nonfunctional.
    Subd. 3. Tampering device. No person shall advertise for sale, sell, use, or install on any
part of a farm tractor or on a clock-hour meter in a farm tractor a device that causes the clock-hour
meter to register any hours of operation other than the true hours of operation that the clock-hour
meter was designed to measure.
    Subd. 4. Disclosure. No person shall sell or offer for sale or trade in a farm tractor with
knowledge that the hours registered on the clock-hour meter have been altered so as to reflect
fewer hours than the farm tractor has actually been in operation, without disclosing the fact
to prospective purchasers.
    Subd. 5. Conspiracy. No person shall conspire with another person to violate this section.
History: 2006 c 211 s 2

325E.167 PENALTIES AND REMEDIES.
    Subdivision 1. Civil penalty. A person who is found to have violated sections 325E.165 and
325E.166 is subject to the penalties in section 8.31.
    Subd. 2. Private right of action. A person injured by a violation of sections 325E.165 and
325E.166 may recover the actual damages sustained together with costs and disbursements,
including reasonable attorney fees. The court, in its discretion, may increase the award of
damages to an amount not to exceed three times the actual damages sustained or $1,500,
whichever is greater.
History: 2006 c 211 s 3

RECORDED MATERIAL

325E.169 DEFINITIONS.
    Subdivision 1. Scope. For the purpose of sections 325E.169 to 325E.201, the terms defined
in this section have the meanings given them.
    Subd. 2. Person. "Person" means an individual, firm, partnership, limited liability company,
corporation, or association.
    Subd. 3. Owner. "Owner" means the person who owns the sounds or images fixed in a
master recording upon which sounds or images are recorded and from which the transferred
recorded sounds or images are directly or indirectly derived.
    Subd. 4. Recording. "Recording" means the tangible medium on which sounds or images
are recorded or otherwise stored and includes a phonograph record, disc, tape, audio or video
cassette, wire, film, or other medium now known or later developed on which sounds or images
may be recorded or stored.
History: 1993 c 221 s 1

325E.17 UNLAWFUL TRANSFERS OR SALES OF RECORDINGS.
Unless exempt under section 325E.19, it is unlawful for any person knowingly:
(1) to transfer or cause to be transferred any sounds or images from one recording to
another recording; or
(2) to sell, distribute, circulate, offer for sale, distribution or circulation, possess for the
purpose of sale, distribution or circulation, or cause to be sold, distributed or circulated, offered
for sale, distribution or circulation, or possessed for sale, distribution or circulation, any recording
without the consent of the owner of the master recording.
History: 1973 c 579 s 1; 1993 c 221 s 2

325E.18 IDENTITY OF TRANSFEROR.
It is unlawful for any person for commercial purposes to sell, distribute, circulate, offer for
sale, distribution or circulation, or possess for the purpose of sale, distribution or circulation, any
recording unless the recording bears the actual name and address of the transferor of the sounds or
images in a prominent place on its outside face, label, or package.
History: 1973 c 579 s 2; 1993 c 221 s 3

325E.19 EXEMPTIONS.
Sections 325E.169 to 325E.201 do not apply to any person who transfers or causes to be
transferred any recordings (a) intended for or in connection with radio or television broadcast
transmission or related uses, (b) for archival purposes, (c) for library purposes, (d) for educational
purposes, or (e) solely for the personal use of the person transferring or causing the transfer and
without any compensation being derived by the person from the transfer.
History: 1973 c 579 s 3; 1993 c 221 s 4

325E.20 [Repealed, 1993 c 221 s 7]

325E.201 VIOLATIONS; PUNISHMENT.
A violation of section 325E.17 or 325E.18 is a felony and is punishable upon conviction by:
(1) a fine of not more than $100,000, or imprisonment for not more than two years, or both, if
the violation is a first offense involving more than 100 but not more than 1,000 sound recordings
or more than seven but not more than 65 audio-visual recordings;
(2) a fine of not more than $250,000, or imprisonment for not more than five years, or both,
if the violation is a second or subsequent offense, or involves more than 1,000 sound recordings
or more than 65 audio-visual recordings; or
(3) a fine of not more than $25,000, or imprisonment for not more than a year and a day, or
both, for any other violation.
History: 1993 c 221 s 5

WIRE AND CABLE;

PURCHASE AND SALE

325E.21 DEALERS IN SCRAP METAL; RECORDS, REPORTS, AND REGISTRATION.
    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
    (b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state,
or federal law enforcement agency.
    (c) "Person" means an individual, partnership, limited partnership, limited liability company,
corporation, or other entity.
    (d) "Scrap metal" means:
    (1) wire and cable commonly and customarily used by communication and electric utilities;
and
    (2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling value
as raw metal, including metal that is combined with other materials at the time of purchase.
    (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of buying or
selling scrap metal, or both, but does not include a person engaged exclusively in the business of
buying or selling new or used motor vehicles or motor vehicle parts, paper or wood products,
rags or furniture, or secondhand machinery.
    Subd. 1a. Purchase or acquisition record required. (a) Every scrap metal dealer, including
an agent, employee, or representative of the dealer, shall keep a written record at the time of each
purchase or acquisition of scrap metal. The record must include:
    (1) an accurate account or description, including the weight if customarily purchased by
weight, of the scrap metal purchased or acquired;
    (2) the date, time, and place of the receipt of the scrap metal purchased or acquired;
    (3) the name and address of the person selling or delivering the scrap metal;
    (4) the number of the check or electronic transfer used to purchase the scrap metal;
    (5) the number of the seller's or deliverer's driver's license, Minnesota identification card
number, or other identification document number of an identification document issued for
identification purposes by any state, federal, or foreign government if the document includes the
person's photograph, full name, birth date, and signature; and
    (6) the license plate number and description of the vehicle used by the person when
delivering the scrap metal, and any identifying marks on the vehicle, such as a business name,
decals, or markings, if applicable.
    (b) The record, as well as the scrap metal purchased or received, shall at all reasonable times
be open to the inspection of any law enforcement agency.
     (c) No record is required for property purchased from merchants, manufacturers or wholesale
dealers, having an established place of business, or of any goods purchased at open sale from
any bankrupt stock, but a bill of sale or other evidence of open or legitimate purchase of the
property shall be obtained and kept by the person, which must be shown upon demand to any law
enforcement agency.
    (d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent,
employee, or representative may not disclose personal information concerning a customer
without the customer's consent unless the disclosure is made in response to a request from a law
enforcement agency. A scrap metal dealer must implement reasonable safeguards to protect
the security of the personal information and prevent unauthorized access to or disclosure of
the information. For purposes of this paragraph, "personal information" is any individually
identifiable information gathered in connection with a record under paragraph (a).
    Subd. 2. Retention required. Records required to be maintained by subdivision 1a shall be
retained by the scrap metal dealer for a period of three years.
    Subd. 3. Payment by check or electronic transfer required. A scrap metal dealer or
the dealer's agent, employee, or representative shall pay for all scrap metal purchases only by
check or electronic transfer.
    Subd. 4. Registration required. (a) Every scrap metal dealer shall register with and
participate in the criminal alert network described in section 299A.61. The dealer shall ensure
that the dealer's system for receiving incoming notices from the network is in proper working
order and ready to receive incoming notices. The dealer shall check the system for incoming
notices twice each day the business is open, once upon opening and then again before closing.
The dealer shall inform all employees involved in the purchasing or receiving of scrap metal of
alerts received relating to scrap metal of the type that might be conceivably sold to the dealer. In
addition, the dealer shall post copies of the alerts in a conspicuous location.
    (b) The scrap metal dealer shall pay to the commissioner of public safety a $50 annual fee to
participate in the criminal alert network and for the educational materials described in section
299C.25.
    (c) The commissioner shall notify the scrap metal dealer if a message sent to the dealer is
returned as undeliverable or is otherwise not accepted for delivery by the dealer's system. The
dealer shall take action necessary to ensure that future messages are received.
    Subd. 5. Training. Each scrap metal dealer shall review the educational materials provided
by the superintendent of the Bureau of Criminal Apprehension under section 299C.25 and ensure
that all employees do so as well.
    Subd. 6. Criminal penalty. A scrap metal dealer, or the agent, employee, or representative
of the dealer, who intentionally violates a provision of this section, is guilty of a misdemeanor.
    Subd. 7. Exemption. A scrap metal dealer may purchase aluminum cans without complying
with this section.
    Subd. 8. Property held by law enforcement. (a) Whenever a law enforcement official from
any agency has probable cause to believe that property in the possession of a scrap metal dealer is
stolen or is evidence of a crime and notifies the dealer not to sell the item, the item may not be
sold or removed from the premises. This investigative hold remains in effect for 90 days from the
date of initial notification, or until it is canceled or a seizure order is issued, whichever comes first.
    (b) If an item is identified as stolen or evidence in a criminal case, the law enforcement
official may:
    (1) physically seize and remove it from the dealer, pursuant to a written order from the
law enforcement official; or
    (2) place the item on hold or extend the hold as provided in this section and leave it in
the shop.
    (c) When an item is seized, the person doing so shall provide identification upon request of
the dealer, and shall provide the dealer the name and telephone number of the seizing agency
and investigator, and the case number related to the seizure.
    (d) A dealer may request seized property be returned in accordance with section 626.04.
    (e) When an order to hold or seize is no longer necessary, the law enforcement official
shall so notify the dealer.
    Subd. 9. Video security cameras required. (a) Each scrap metal dealer shall install and
maintain at each location video surveillance cameras, still digital cameras, or similar devices
positioned to record or photograph a frontal view showing the face of each seller or prospective
seller of scrap metal who enters the location. The scrap metal dealer shall also photograph
the seller's or prospective seller's vehicle, including license plate, either by video camera or
still digital camera, so that an accurate and complete description of it may be obtained from
the recordings made by the cameras. The video camera or still digital camera must be kept in
operating condition. The camera must record and display the accurate date and time. The video
camera must be turned on at all times when the location is open for business and at any other
time when scrap metal is purchased.
    (b) If the scrap metal dealer does not purchase some or any scrap metal at a specific business
location, the dealer need not comply with this subdivision with respect to those purchases.
History: (10225) 1907 c 228 s 1; 1957 c 960 s 1; 1973 c 123 art 5 s 7; 1986 c 444; 2005 c
10 art 2 s 4; 2007 c 54 art 7 s 21

325E.22 PENALTY.
Any person violating the provisions of section 325E.21 shall be guilty of a gross
misdemeanor.
History: (10226) 1907 c 228 s 2

OUTDOOR ADVERTISING;

DISCRIMINATION

325E.23 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.23 to 325E.25 the terms defined in
this section have the meanings given them.
    Subd. 2. Advertising device. "Advertising device" means any billboard, sign, notice,
poster, display emblem or similar item located out of doors which is intended to be viewed by
the public from a highway or street and includes any structure used for the display of any such
outdoor advertising device.
    Subd. 3. Business of outdoor advertising. "Business of outdoor advertising" means the
business conducted for direct profit through rentals, or other compensation received from the
erection or maintenance of advertising devices.
    Subd. 4. Person. "Person" means an individual, partnership, firm, association, or corporation.
History: 1965 c 531 s 1

325E.24 FURNISHING OF SPACE; EXCEPTIONS.
    Subdivision 1. Unlawful discrimination prohibited. It is unlawful for any person engaged
in the business of outdoor advertising to directly or indirectly discriminate on the basis of race,
color, creed or political affiliation in the furnishing of advertising or advertising service or space
for advertisements on advertising devices. This shall not be construed as making mandatory
the assignment of space immediately adjacent to previously leased space for the promotion of
conflicting services or ideas.
    Subd. 2. Limits on duty to furnish. The person engaged in the business of outdoor
advertising does not have to accept a request for advertising space from any person not willing to
pay the prescribed rates or charges and the advertising of any material prohibited by law.
History: 1965 c 531 s 2

325E.25 VIOLATIONS.
Any person violating the provisions of sections 325E.23 to 325E.25 is guilty of a
misdemeanor.
History: 1965 c 531 s 3

AUTOMATIC DIALING-ANNOUNCING DEVICES

325E.26 DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 325E.26 to 325E.30 have the meanings
given them in this section.
    Subd. 2. Automatic dialing-announcing device. "Automatic dialing-announcing device"
means a device that selects and dials telephone numbers and that, working alone or in conjunction
with other equipment, disseminates a prerecorded or synthesized voice message to the telephone
number called.
    Subd. 3. Caller. "Caller" means a person, corporation, firm, partnership, association, or legal
or commercial entity who attempts to contact, or who contacts, a subscriber in this state by
using a telephone or a telephone line.
    Subd. 4. Commercial telephone solicitation. "Commercial telephone solicitation" means
any unsolicited call to a residential subscriber when the person initiating the call has not had a
prior business or personal relationship with the subscriber, and when the purpose of the call is
to solicit the purchase or the consideration of purchase of goods or services by the subscriber.
Commercial telephone solicitation does not include calls initiated by organizations listed in
Minnesota Statutes 2000, section 290.21, subdivision 3, clauses (a) to (e).
    Subd. 5. Subscriber. "Subscriber" means a person who has subscribed to telephone service
from a telephone company or the other persons living or residing with the subscribing person.
    Subd. 6. Message. "Message" means any call, regardless of its content.
History: 1987 c 294 s 1; 1994 c 534 art 2 s 1; 2003 c 2 art 1 s 38

325E.27 USE OF PRERECORDED OR SYNTHESIZED VOICE MESSAGES.
A caller shall not use or connect to a telephone line an automatic dialing-announcing device
unless: (1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or
authorized receipt of the message; or (2) the message is immediately preceded by a live operator
who obtains the subscriber's consent before the message is delivered. This section and section
325E.30 do not apply to (1) messages from school districts to students, parents, or employees, (2)
messages to subscribers with whom the caller has a current business or personal relationship, or
(3) messages advising employees of work schedules.
History: 1987 c 294 s 2

325E.28 REQUIREMENTS ON AUTOMATIC DIALING-ANNOUNCING DEVICES.
A caller shall not use an automatic dialing-announcing device unless the device is designed
and operated so as to disconnect within ten seconds after termination of the telephone call by
the subscriber.
History: 1987 c 294 s 3

325E.29 MESSAGE REQUIREMENTS.
Where the message is immediately preceded by a live operator, the operator must, at the
outset of the message, disclose:
(1) the name of the business, firm, organization, association, partnership, or entity for which
the message is being made;
(2) the purpose of the message;
(3) the identity or kinds of goods or services the message is promoting; and
(4) if applicable, the fact that the message intends to solicit payment or commitment of funds.
History: 1987 c 294 s 4

325E.30 TIME OF DAY LIMIT.
A caller shall not use an automatic dialing-announcing device nor make any commercial
telephone solicitation before 9:00 a.m. or after 9:00 p.m.
History: 1987 c 294 s 5

325E.31 REMEDIES.
A person who is found to have violated sections 325E.27 to 325E.30 is subject to the penalties
and remedies, including a private right of action to recover damages, as provided in section 8.31.
History: 1987 c 294 s 6

TELEPHONE SOLICITATION

325E.311 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.311 to 325E.316, the terms in
subdivisions 2 to 6 have the meanings given them.
    Subd. 2. Caller. "Caller" means a person, corporation, firm, partnership, association, or legal
or commercial entity that attempts to contact, or that contacts, a residential subscriber in this
state by using a telephone or a telephone line.
    Subd. 3. Caller identification service. "Caller identification service" means a telephone
service that permits telephone subscribers to see the telephone number of incoming telephone
calls.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of commerce.
    Subd. 5. Residential subscriber. "Residential subscriber" means a person who has
subscribed to residential telephone services from a telephone company or the other persons
living or residing with the subscribing person.
    Subd. 6. Telephone solicitation. "Telephone solicitation" means any voice communication
over a telephone line for the purpose of encouraging the purchase or rental of, or investment in,
property, goods, or services, whether the communication is made by a live operator, through the
use of an automatic dialing-announcing device as defined in section 325E.26, subdivision 2, or by
other means. Telephone solicitation does not include communications:
    (1) to any residential subscriber with that subscriber's prior express invitation or permission;
or
    (2) by or on behalf of any person or entity with whom a residential subscriber has a prior
or current business or personal relationship.
Telephone solicitation also does not include communications if the caller is identified by a caller
identification service and the call is:
    (i) by or on behalf of an organization that is identified as a nonprofit organization under
state or federal law, unless the organization is a debt management services provider defined
in section 332A.02;
    (ii) by a person soliciting without the intent to complete, and who does not in fact complete,
the sales presentation during the call, but who will complete the sales presentation at a later
face-to-face meeting between the solicitor who makes the call and the prospective purchaser; or
    (iii) by a political party as defined under section 200.02, subdivision 6.
History: 2002 c 367 s 1; 1Sp2005 c 1 art 4 s 92; 2007 c 57 art 3 s 42

325E.312 TELEPHONE SOLICITATIONS.
    Subdivision 1. Persons included in no-call list. No caller shall make or cause to be made
any telephone solicitation to the telephone line of any residential subscriber in this state who is on
the no-call list established and maintained under section 325E.313.
    Subd. 2. Identification of caller. Any caller who makes a telephone solicitation to a
residential subscriber in this state shall state the caller's identity clearly at the beginning of the call
and, if requested, the caller's telephone number.
    Subd. 3. Interference with caller identification. No caller who makes a telephone
solicitation to a residential subscriber in this state shall knowingly use any method to block or
otherwise deliberately circumvent the subscriber's use of a caller identification service.
History: 2002 c 367 s 2

325E.313 NO-CALL LIST.
    Subdivision 1. Establishment of list. The commissioner shall establish and maintain a list of
telephone numbers of residential subscribers who object to receiving telephone solicitations. The
commissioner may fulfill the requirements of this subdivision by contracting with an agent for the
establishment and maintenance of the list. The list must be established by January 1, 2003.
    Subd. 2. Operation and maintenance of list. (a) Each local exchange company must inform
its residential subscribers of the opportunity to provide notification to the commissioner or its
contractor that the subscriber objects to receiving telephone solicitations. The notification must be
made in the manner prescribed by the commissioner.
(b) Any residential subscriber may contact the commissioner or the commissioner's agent
and give notice, in the manner prescribed by the commissioner, that the subscriber objects to
receiving telephone solicitations. The commissioner shall add the telephone number of any
subscriber who gives notice of objection to the list maintained pursuant to subdivision 1 within 90
days of the date the notice is received.
(c) Any notice given by a subscriber under this subdivision shall be effective for four years
unless revoked by the subscriber. Any subsequent notices given by the same subscriber related to
a different telephone number are separate from the original notice.
(d) The commissioner shall allow consumers to give notice under this subdivision by mail
or electronically.
(e) The commissioner shall establish the procedures by which a person wishing to make
telephone solicitations may obtain access to the list. Those procedures shall, to the extent
practicable, allow for access to paper or electronic copies of the list.
    Subd. 3. Use of federal list. If, pursuant to United States Code, title 15, section 6102(a),
the Federal Trade Commission establishes a national list of telephone numbers of subscribers
who object to receiving telephone solicitations, the commissioner shall include subscribers who
live in Minnesota and are included in the national list in the list established under this section.
The commissioner shall also transmit to the Federal Trade Commission the telephone numbers
included on the no-call list established under this section and shall request that they be included in
the national list.
History: 2002 c 367 s 3

325E.314 FEES; ACQUISITION AND USE OF LIST.
(a) A person or entity desiring to make telephone solicitations shall pay a fee, payable to the
commissioner, for access to, or for paper or electronic copies of, the list established under section
325E.313. The fee shall not exceed $125 for each acquisition of the list. The fee shall not exceed
$90 in fiscal year 2004, and the fee shall not exceed $75 in fiscal year 2005 and thereafter.
(b) A caller who makes a telephone solicitation to the telephone line of any residential
subscriber must, at the time of the call, have obtained access to a current version of the list at least
once in the 90 days prior to the call. A caller who complies with this requirement is not liable
for any violation of section 325E.312 relating to a solicitation made to a subscriber during the
first 30 days after the caller first obtained a copy of the list including that subscriber's telephone
number that has not been superseded by a later list obtained by the caller that does not include
the subscriber's telephone number.
(c) If the Federal Trade Commission establishes a national do-not-call list as described in
section 325E.313, subdivision 3, a person or entity who is required by law to obtain a copy
of the national list is not required to purchase or retain a copy of the list established by the
commissioner, unless the Federal Trade Commission fails to incorporate the Minnesota names
transmitted by the commissioner.
History: 2002 c 367 s 4

325E.315 RELEASE OF INFORMATION.
Information contained in the list established under section 325E.313 shall be used only for
the purposes of compliance with sections 325E.311 to 325E.316 or in a proceeding or action
under section 325E.316. The information contained in the list is private data on individuals or
nonpublic data as defined in section 13.02.
History: 2002 c 367 s 5

325E.316 PENALTIES.
    Subdivision 1. Enforcement by commissioner. In enforcing sections 325E.311 to 325E.316,
the commissioner has all powers provided by section 45.027, including, but not limited to, the
power to impose a civil penalty to a maximum of $1,000 for each solicitation that violates section
325E.312.
    Subd. 2. Defenses. (a) In any action or proceeding against a person under this section, it
shall be a defense that the defendant has established and implemented, with due care, reasonable
practices and procedures to effectively prevent telephone solicitations in violation of section
325E.312.
(b) No provider of caller identification service shall be held liable for violations of section
325E.312 committed by other persons or entities.
    Subd. 3. Time limitations. No action or proceeding may be brought under this section:
(1) more than two years after the person bringing the action knew or should have known
of the alleged violation; or
(2) more than two years after the termination of any proceeding or action by the state of
Minnesota, whichever is later.
    Subd. 4. Jurisdiction. A court of this state may exercise personal jurisdiction over any
nonresident or the nonresident's executor or administrator as to an action or proceeding authorized
by this section according to the provisions of section 543.19.
    Subd. 5. Other remedies. The remedies, duties, prohibitions, and penalties of this section
are not exclusive and are in addition to all other causes of action, remedies, and penalties
provided by law.
History: 2002 c 367 s 6

WIRELESS DIRECTORIES

325E.317 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 325E.317 and 325E.318, the terms
defined in this section have the meanings given.
    Subd. 2. Provider. "Provider" means a provider of wireless telecommunications services.
    Subd. 3. Telecommunications services. "Telecommunications services" has the meaning
given in section 297A.61, subdivision 24, paragraph (a).
    Subd. 4. Wireless directory assistance service. "Wireless directory assistance service"
means any service for connecting calling parties to a wireless telecommunications services
customer when the calling parties themselves do not possess the customer's wireless telephone
number information.
    Subd. 5. Wireless telecommunications services. "Wireless telecommunications services"
has the meaning given in section 325F.695.
    Subd. 6. Wireless telephone directory. "Wireless telephone directory" means a directory or
database containing wireless telephone number information or any other identifying information
by which a calling party may reach a wireless telecommunications services customer.
    Subd. 7. Wireless telephone number information. "Wireless telephone number
information" means the telephone number, electronic address, and any other identifying
information by which a calling party may reach a wireless telecommunications services customer,
which is assigned by a provider to the customer and includes the customer's name and address.
History: 2005 c 163 s 83

325E.318 WIRELESS DIRECTORIES.
    Subdivision 1. Notice. No provider of wireless telecommunications service, or any direct or
indirect affiliate or agent of a provider, may include the wireless telephone number information
of a customer in a wireless telephone directory assistance service database or publish, sell, or
otherwise disseminate the contents of a wireless telephone directory assistance service database
unless the provider provides a conspicuous notice to the subscriber informing the subscriber
that the subscriber will not be listed in a wireless directory assistance service database without
the subscriber's prior express authorization.
    Subd. 2. Authorization. (a) A provider, or any direct or indirect affiliate or agent of a
provider, may not disclose, provide, or sell a customer's wireless telephone number information,
or any part thereof, for inclusion in a wireless telephone directory of any form, and may not sell
a wireless telephone directory containing a customer's wireless telephone number information
without first receiving prior express authorization from the customer. The customer's authorization
must meet the following requirements:
(1) consent shall be affirmatively obtained separately from the execution of the service
contract via verifiable means; and
(2) consent shall be unambiguous and conspicuously disclose that the subscriber is
consenting to have the customer's dialing number sold or licensed as part of a publicly available
directory assistance database.
(b) A record of the authorization shall be maintained for the duration of the service contract
or any extension of the contract.
(c) A subscriber who provides express consent pursuant to paragraph (a) may revoke that
consent via verifiable means at any time. A provider must comply with the customer's request to
be removed from the directory and remove such listing from directory assistance within 60 days.
    Subd. 3. No fee to retain privacy. A customer shall not be charged for opting not to be
listed in a wireless telephone directory.
    Subd. 4. Remedies. Every knowing violation of this section is punishable by a fine of up
to $500 for each violation with a maximum aggregated amount of $10,000 for a provider, of
which $100 per violation shall be paid to each victim of the violation. The attorney general may
bring actions to enforce compliance with this section. For the first violation by any company or
organization of this section, the attorney general shall notify the company with a letter of warning
that the section has been violated. No telephone corporation, nor any official or employee of a
telephone corporation, shall be subject to criminal or civil liability for the release of customer
information as authorized by this section.
History: 2005 c 163 s 84

RECYCLING TIRES

325E.32 WASTE TIRES; COLLECTION.
A person who sells automotive tires at retail must accept waste tires from customers for
collection and recycling. The person must accept as many waste tires from each customer as
tires are bought by that customer.
History: 1988 c 685 s 28

MISCONDUCT OF ATHLETIC AGENTS

325E.33 MISCONDUCT OF ATHLETIC AGENTS.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Student athlete" means a person who engages in, is eligible to engage in, or may be
eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. The term
includes any individual who may be eligible to engage in collegiate sports in the future.
(c) "Athletic director" means the person discharging the duties of coordinating and
administering the overall athletic program for the educational institution attended by the student
athlete.
(d) "Educational institution" means the public or private high school, college, junior college,
or university that the student athlete last attended or to which the student athlete has expressed
written intention to attend.
    Subd. 2. Waiver of eligibility. A student athlete's waiver of intercollegiate athletic eligibility
is not effective until the waiver of eligibility form prescribed by this subdivision has been filed
with the Offices of the Secretary of State and the athletic director for seven days. The waiver is
considered to have been on file seven days as of the eighth day after the receipt by the Offices
of the Secretary of State and the athletic director of the completed waiver of eligibility form
prescribed by this subdivision. The original waiver is to be filed with the secretary of state and
must be available for public inspection in the Office of the Secretary of State during normal
business hours. The waiver form must provide:

"WAIVER OF INTERCOLLEGIATE ATHLETIC ELIGIBILITY

I, ......................, hereby waive any and all intercollegiate athletic eligibility. This waiver
is not effective until seven days after it has been received by the Minnesota secretary of state
and the office of the athletic director.
This waiver is revocable until my intercollegiate athletic eligibility is terminated as a result
of my entering either a contract with an athletic agent or a professional sports contract.
.......................
STUDENT ATHLETE
.......................
EDUCATIONAL INSTITUTION
.......................
DATE"
    Subd. 3. Representation of certain athletes prohibited. A person may not, before the
effective date of a student athlete's waiver of intercollegiate athletic eligibility, enter into a
contract, written or oral, with a student athlete to:
(1) serve as the agent of the student athlete in obtaining a professional sports contract; or
(2) represent the student athlete or a professional sports organization in obtaining a
professional sports contract for or with a student athlete.
A person who violates this subdivision is subject to the remedies under section 8.31, except
that a civil penalty imposed under that section may be not more than $100,000, or three times
the amount given, offered, or promised as an inducement for the student athlete to enter the
agency contract or professional sports contract, exclusive of the compensation provided by the
professional sports contract, whichever is greater.
    Subd. 4. Influencing of educational institution employees prohibited. A person may not
offer, give, or promise to give an employee of an educational institution, directly or indirectly, any
benefit, reward, or consideration to which the employee is not legally entitled, with the intent that:
(1) the employee will influence a student athlete to enter into a contract with the person to
serve as the athlete's agent or to enter into a professional sports contract; or
(2) the employee will refer student athletes to the person.
A person who violates this subdivision is subject to the remedies under section 8.31, except
that a civil penalty imposed under that section may be not more than $100,000, or three times the
value offered to the employee in violating this subdivision, whichever is greater.
    Subd. 5. Voidability of contract. A contract entered into in violation of subdivision 3 is
voidable by the student athlete. If voided by the student athlete, the athletic agent shall return to
the student athlete any compensation received under the contract. The athletic agent shall also
pay reasonable attorney's fees and costs incurred by a student athlete in any action or defense
under this subdivision.
History: 1988 c 701 s 1

DISTRIBUTION OF FREE NEWSPAPERS

325E.34 FREE NEWSPAPERS; EXCLUSIVE RIGHT TO DISTRIBUTE PROHIBITED.
    Subdivision 1. Definitions. For the purposes of this section, the terms in paragraphs (a) and
(b) have the meanings given them.
(a) "Newspaper" has the meaning given in section 331A.01, subdivision 5.
(b) "Place of public accommodation" has the meaning given in section 363A.03, subdivision
34 .
    Subd. 2. Prohibition. No contract may provide for an exclusive right to display free
newspapers for distribution in any place of public accommodation.
History: 1990 c 379 s 1; 1990 c 567 s 10

SELLER-FINANCED AGRICULTURAL INPUT SALES

325E.35 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to section 325E.36.
    Subd. 2. Agricultural chemical. "Agricultural chemical" has the meaning given in section
18D.01, subdivision 3.
    Subd. 3. Agricultural production input. "Agricultural production input" means crop
production inputs and livestock production inputs.
    Subd. 4. Crop production input. "Crop production input" means agricultural chemicals,
seeds, petroleum products, the custom application of agricultural chemicals and seeds, and labor
used in preparing the land for planting, cultivating, growing, producing, harvesting, drying,
and storing crops or crop products.
    Subd. 5. Discounted cash price. "Discounted cash price" means an amount equal to the total
of the payments made over the period of the credit sale, discounted by the interest rate index.
    Subd. 6. Feed. "Feed" means commercial feeds, feed ingredients, mineral feeds, drugs,
animal health products, or customer-formula feeds that are used for feeding livestock, including
commercial feed as defined in section 25.33, subdivision 5.
    Subd. 7. Interest rate index. "Interest rate index" means the prime rate as published in the
Wall Street Journal plus two percentage points.
    Subd. 8. Livestock production input. "Livestock production input" means feed and labor
used in raising livestock.
    Subd. 9. Petroleum product. "Petroleum product" means motor fuels and special fuels that
are used in the production of crops and livestock, including petroleum products as defined in
section 296A.01, alcohol fuels, propane, lubes, and oils.
    Subd. 10. Seed. "Seed" means agricultural seeds that are used to produce crops, including
agricultural seeds and grains as defined in section 21.72, subdivision 12.
History: 1990 c 474 s 1; 1998 c 299 s 30

325E.36 SELLER-FINANCED AGRICULTURAL INPUT SALES.
If a person sells agricultural production inputs at retail on credit and the interest rate charged
to the buyer is less than the interest rate index, the person must also offer to sell the agricultural
inputs to the buyer at a discounted cash price. Agricultural production inputs are sold on credit if
the terms of the sale allow the buyer to submit any portion of the payment for the inputs more
than 60 days after the date on which the goods are delivered.
History: 1990 c 474 s 2

TERMINATION OF SALES REPRESENTATIVES

325E.37 TERMINATION OF SALES REPRESENTATIVES.
    Subdivision 1. Definitions. (a) As used in this section, the following terms have the meaning
given them.
(b) "Good cause" means a material breach of one or more provisions of a written sales
representative agreement governing the relationship with the manufacturer, wholesaler,
assembler, or importer, or in absence of a written agreement, failure by the sales representative to
substantially comply with the material and reasonable requirements imposed by the manufacturer,
wholesaler, assembler, or importer. Good cause includes, but is not limited to:
(1) the bankruptcy or insolvency of the sales representative;
(2) assignment for the benefit of creditors or similar disposition of the assets of the sales
representative's business;
(3) the voluntary abandonment of the business by the sales representative as determined
by a totality of the circumstances;
(4) conviction or a plea of guilty or no contest to a charge of violating any law relating to
the sales representative's business;
(5) any act of the sales representative which materially impairs the good will associated
with the manufacturer's, wholesaler's, assembler's, or importer's trademark, trade name, service
mark, logotype, or other commercial symbol; or
(6) failure to forward customer payments to the manufacturer, wholesaler, assembler, or
importer.
(c) "Person" means a natural person, but also includes a partnership, corporation, and all
other entities.
(d) "Sales representative" means a person who contracts with a principal to solicit wholesale
orders and who is compensated, in whole or in part, by commission.
Sales representative does not include a person who:
(1) is an employee of the principal;
(2) places orders or purchases for the person's own account for resale;
(3) holds the goods on a consignment basis for the principal's account for resale; or
(4) distributes, sells, or offers the goods, other than samples, to end users, not for resale.
(e) "Sales representative agreement" means a contract or agreement, either express or
implied, whether oral or written, for a definite or indefinite period, between a sales representative
and another person or persons, whereby a sales representative is granted the right to represent,
sell, or offer for sale a manufacturer's, wholesaler's, assembler's, or importer's goods by use of the
latter's trade name, trademark, service mark, logotype, advertising, or other commercial symbol or
related characteristics, and in which there exists a community of interest between the parties in the
marketing of the goods at wholesale, by lease, agreement, or otherwise. "Wholesale orders" means
the solicitation of orders for goods by persons in the distribution chain for ultimate sale at retail.
    Subd. 2. Termination of agreement. (a) A manufacturer, wholesaler, assembler, or importer
may not terminate a sales representative agreement unless the person has good cause and:
(1) that person has given written notice setting forth the reason(s) for the termination at
least 90 days in advance of termination; and
(2) the recipient of the notice fails to correct the reasons stated for termination in the notice
within 60 days of receipt of the notice.
(b) A notice of termination is effective immediately upon receipt where the alleged grounds
for termination are the reasons set forth in subdivision 1, paragraph (b), clauses (1) to (6), hereof.
    Subd. 3. Renewal of agreements. Unless the failure to renew a sales representative
agreement is for good cause, and the sales representative has failed to correct reasons for
termination as required by subdivision 2, no person may fail to renew a sales representative
agreement unless the sales representative has been given written notice of the intention not
to renew at least 90 days in advance of the expiration of the agreement. For purposes of this
subdivision, a sales representative agreement of indefinite duration shall be treated as if it were
for a definite duration expiring 180 days after the giving of written notice of intention not
to continue the agreement.
    Subd. 4. Rights upon termination. If a sales representative is paid by commission under a
sales representative agreement and the agreement is terminated, the representative is entitled to be
paid for all sales as to which the representative would have been entitled to commissions pursuant
to the provisions of the sales representative agreement, made prior to the date of termination of
the agreement or the end of the notification period, whichever is later, regardless of whether the
goods have been actually shipped. Payment of commissions due the sales representative shall be
paid in accordance with the terms of the sales representative agreement or, if not specified in the
agreement, payments of commissions due the sales representative shall be paid in accordance
with section 181.145.
    Subd. 5. Arbitration. (a) The sole remedy for a manufacturer, wholesaler, assembler, or
importer who alleges a violation of any provision of this section is to submit the matter to
arbitration. A sales representative may also submit a matter to arbitration, or in the alternative, at
the sales representative's option prior to the arbitration hearing, the sales representative may bring
the sales representative's claims in a court of law, and in that event the claims of all parties must
be resolved in that forum. In the event the parties do not agree to an arbitrator within 30 days after
the sales representative demands arbitration in writing, either party may request the appointment
of an arbitrator from the American Arbitration Association. Each party to a sales representative
agreement shall be bound by the arbitration. In the event that the American Arbitration
Association declines to appoint an arbitrator, the arbitration shall proceed under chapter 572.
The cost of an arbitration hearing must be borne equally by both parties unless the arbitrator
determines a more equitable distribution. Except as provided in paragraph (c), the arbitration
proceeding is to be governed by the Uniform Arbitration Act, sections 572.08 to 572.30.
(b) The arbitrator may provide any of the following remedies:
(1) sustainment of the termination of the sales representative agreement;
(2) reinstatement of the sales representative agreement, or damages;
(3) payment of commissions due under subdivision 4;
(4) reasonable attorneys' fees and costs to a prevailing sales representative;
(5) reasonable attorneys' fees and costs to a prevailing manufacturer, wholesaler, assembler,
or importer, if the arbitrator finds the complaint was frivolous, unreasonable, or without
foundation; or
(6) the full amount of the arbitrator's fees and expenses if the arbitrator finds that the sales
representative's resort to arbitration or the manufacturer's, wholesaler's, assembler's, or importer's
defense in arbitration was vexatious and lacking in good faith.
(c) The decision of any arbitration hearing under this subdivision is final and binding on the
sales representative and the manufacturer, wholesaler, assembler, or importer. The district court
shall, upon application of a party, issue an order confirming the decision.
    Subd. 6. Scope; limitations. (a) This section applies to a sales representative who, during
some part of the period of the sales representative agreement:
    (1) is a resident of Minnesota or maintains that person's principal place of business in
Minnesota; or
    (2) whose geographical territory specified in the sales representative agreement includes part
or all of Minnesota.
    (b) To be effective, any demand for arbitration under subdivision 5 must be made in writing
and delivered to the principal on or before one year after the effective date of the termination of
the agreement.
    (c) A provision in any contract between a sales representative dealing in plumbing equipment
or supplies and a principal purporting to waive any provision of Laws 2007, chapters 135 or
140, whether by express waiver or by a provision stipulating that the contract is subject to the
laws of another state, shall be void.
History: 1990 c 539 s 1; 1991 c 190 s 1; 2007 c 135 art 3 s 18; 2007 c 140 art 6 s 1

CFC PRODUCT SALES

325E.38 SALE OF CERTAIN CFC PRODUCTS PROHIBITED.
    Subdivision 1. Motor vehicle coolants. A person may not offer for sale or sell CFC coolants
in containers weighing less than 15 pounds that are designed for or are suitable for use in motor
vehicle air conditioners except to persons who possess CFC recycling equipment and who present
proof of ownership of CFC recycling equipment at the time of purchase.
    Subd. 2. Solvents. A person may not offer for sale or sell solvents containing CFCs in
containers weighing 15 pounds or less.
    Subd. 3. Party streamers. A person may not offer for sale or sell CFC propelled party
streamers.
    Subd. 4. Noise horns. A person may not offer for sale or sell CFC noise horns.
    Subd. 5. CFC definition. For purposes of this section, the term "CFC" has the definition
given in section 116.70, subdivision 3.
    Subd. 6. Applicability to new chemicals. For each new chemical added to section 116.70,
subdivision 3 , after the effective date of Laws 1990, chapter 560, the application of this section to
the new chemical is effective on the date specified for elimination of production of that chemical
in the Montreal Treaty.
History: 1990 c 560 art 2 s 8

325E.385 PRODUCTS CONTAINING POLYBROMINATED DIPHENYL ETHER.
    Subdivision 1. Definitions. For the purposes of sections 325E.386 to 325E.388, the terms in
this section have the meanings given them.
    Subd. 2. Commercial decabromodiphenyl ether. "Commercial decabromodiphenyl ether"
means the chemical mixture of decabromodiphenyl ether, including associated polybrominated
diphenyl ether impurities not intentionally added.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 4. Manufacturer. "Manufacturer" means any person, firm, association, partnership,
corporation, governmental entity, organization, or joint venture that produces a product containing
polybrominated diphenyl ethers or an importer or domestic distributor of a noncomestible product
containing polybrominated diphenyl ethers.
    Subd. 5. Polybrominated diphenyl ethers or PBDE's. "Polybrominated diphenyl ethers"
or "PBDE's" means chemical forms that consist of diphenyl ethers bound with bromine atoms.
Polybrominated diphenyl ethers include, but are not limited to, the three primary forms of
the commercial mixtures known as pentabromodiphenyl ether, octabromodiphenyl ether, and
decabromodiphenyl ether.
    Subd. 6. Retailer. "Retailer" means a person who offers a product for sale at retail through
any means, including, but not limited to, remote offerings such as sales outlets, catalogs, or the
Internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.
    Subd. 7. Used product. "Used product" means any product that has been previously owned,
purchased, or sold in commerce. Used product does not include any product manufactured after
January 1, 2008.
History: 2007 c 57 art 1 s 149

325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED DIPHENYL
ETHERS BANNED; EXEMPTIONS.
    Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in subdivision 3,
beginning January 1, 2008, a person may not manufacture, process, or distribute in commerce a
product or flame-retardant part of a product containing more than one-tenth of one percent of
pentabromodiphenyl ether or octabromodiphenyl ether by mass.
    Subd. 2. Exemptions. The following products containing polybrominated diphenyl ethers
are exempt from subdivision 1 and section 325E.387, subdivision 2:
    (1) the sale or distribution of any used transportation vehicle with component parts
containing polybrominated diphenyl ethers;
    (2) the sale or distribution of any used transportation vehicle parts or new transportation
vehicle parts manufactured before January 1, 2008, that contain polybrominated diphenyl ethers;
    (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or modification
of equipment containing polybrominated diphenyl ethers and used primarily for military or
federally funded space program applications. This exemption does not cover consumer-based
goods with broad applicability;
    (4) the sale or distribution by a business, charity, public entity, or private party of any used
product containing polybrominated diphenyl ethers;
    (5) the manufacture, sale, or distribution of new carpet cushion made from recycled foam
containing more than one-tenth of one percent polybrominated diphenyl ether;
    (6) medical devices; or
    (7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or modification
of telecommunications equipment containing polybrominated diphenyl ethers used by entities
eligible to hold authorization in the Public Safety Pool under Code of Federal Regulations, title
47, part 90.
    In-state retailers in possession of products on January 1, 2008, that are banned for sale under
subdivision 1 may exhaust their stock through sales to the public. Nothing in this section restricts
the ability of a manufacturer, importer, or distributor from transporting products containing
polybrominated diphenyl ethers through the state, or storing such products in the state for later
distribution outside the state.
History: 2007 c 57 art 1 s 150

325E.387 REVIEW OF DECABROMODIPHENYL ETHER.
    Subdivision 1. Commissioner duties. The commissioner in consultation with the
commissioners of health and public safety shall review uses of commercial decabromodiphenyl
ether, availability of technically feasible and safer alternatives, fire safety, and any evidence
regarding the potential harm to public health and the environment posed by commercial
decabromodiphenyl ether and the alternatives. The commissioner must consult with key
stakeholders. The commissioner must also review the findings from similar state and federal
agencies and must report their findings and recommendations to the appropriate committees of
the legislature no later than January 15, 2008.
    Subd. 2. State procurement. By January 1, 2008, the commissioner of administration shall
make available for purchase and use by all state agencies equipment, supplies, and other products
that do not contain polybrominated diphenyl ethers, unless exempted under section 325E.386,
subdivision 2 .
History: 2007 c 57 art 1 s 151

325E.388 PENALTIES.
    A manufacturer who violates sections 325E.386 to 325E.388 is subject to a civil penalty not
to exceed $1,000 for each violation in the case of a first offense. A manufacturer is subject to a
civil penalty not to exceed $5,000 for each repeat offense. Penalties collected under this section
must be deposited in an account in the special revenue fund and are appropriated in fiscal years
2008 and 2009 to the commissioner to implement and enforce this section.
History: 2007 c 57 art 1 s 152

325E.389 ITEMS CONTAINING LEAD PROHIBITED.
    Subdivision 1. Definitions. For purposes of this section, the following definitions apply.
    (a) "Body piercing jewelry" means any part of jewelry that is manufactured or sold for
placement in a new piercing or a mucous membrane, but does not include any part of that jewelry
that is not placed within a new piercing or a mucous membrane.
    (b) "Children" means children age six and younger.
    (c) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to
children. For purposes of this section, children's jewelry includes, but is not limited to, jewelry
that meets any of the following conditions:
    (1) is represented in its packaging, display, or advertising as appropriate for use by children;
    (2) is sold in conjunction with, attached to, or packaged together with other products that are
packaged, displayed, or advertised as appropriate for use by children;
    (3) is sized for children and not intended for use by adults; or
    (4) is sold in any of the following:
    (i) a vending machine;
    (ii) retail store, catalog, or Web site in which a person exclusively offers for sale products
that are packaged, displayed, or advertised as appropriate for use by children; or
    (iii) a discrete portion of a retail store, catalog, or Web site in which a person offers for sale
products that are packaged, displayed, or advertised as appropriate for use by children.
    (d) "Class 1 material" means any of the following materials:
    (1) stainless or surgical steel;
    (2) karat gold;
    (3) sterling silver;
    (4) platinum, palladium, iridium, ruthenium, rhodium, or osmium;
    (5) natural or cultured pearls;
    (6) glass, ceramic, or crystal decorative components including cat's eye; cubic zirconia,
including cubic zirconium or CZ; rhinestones; and cloisonne;
    (7) a gemstone that is cut and polished for ornamental purposes, except that the following
gemstones are not Class 1 materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite,
linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite;
    (8) elastic, fabric, ribbon, rope, or string, unless it contains intentionally added lead and is
listed as a Class 2 material;
    (9) all natural decorative material including amber, bone, coral, feathers, fur, horn, leather,
shell, and wood that is in its natural state and is not treated in a way that adds lead; or
    (10) adhesive.
    (e) "Class 2 material" means any of the following materials:
    (1) electroplated metal that meets the following standards:
    (i) on and before August 30, 2009, a metal alloy with less than ten percent lead by weight
that is electroplated with suitable under and finish coats; or
    (ii) on and after August 31, 2009, a metal alloy with less than six percent lead by weight that
is electroplated with suitable under and finish coats;
    (2) unplated metal with less than 1.5 percent lead that is not otherwise listed as a Class
1 material;
    (3) plastic or rubber including acrylic, polystyrene, plastic beads and stones, and polyvinyl
chloride (PVC) that meets the following standards:
    (i) on and before August 30, 2009, less than 0.06 percent (600 parts per million) lead by
weight; and
    (ii) on and after August 31, 2009, less than 0.02 percent (200 parts per million) lead by
weight; and
    (4) a dye or surface coating containing less than 0.06 percent (600 parts per million) lead
by weight.
    (f) "Class 3 material" means any portion of jewelry that meets both of the following criteria:
    (1) is not a Class 1 or Class 2 material; and
    (2) contains less than 0.06 percent (600 parts per million) lead by weight.
    (g) "Component" means any part of jewelry.
    (h) "EPA reference methods 3050B (Acid Digestion of Sediments, Sludges, and Soils) or
3051 (Microwave Assisted Digestion/Sludge, Soils)" means those test methods incorporated by
reference in Code of Federal Regulations, title 40, section 260.11, paragraph (11), subdivision (a).
    (i) "Jewelry" means:
    (1) any of the following ornaments worn by a person: anklet, arm cuff, bracelet, brooch,
chain, crown, cuff link, decorated hair accessories, earring, necklace, pin, ring, or body piercing
jewelry; or
    (2) any bead, chain, link, pendant, or other component of such an ornament.
    (j) "Surface coating" means a fluid, semifluid, or other material, with or without a suspension
of finely divided coloring matter, that changes to a solid film when a thin layer is applied to
a metal, wood, stone, paper, leather, cloth, plastic, or other surface. Surface coating does not
include a printing ink or a material that actually becomes a part of the substrate including, but
not limited to, pigment in a plastic article or a material that is actually bonded to the substrate,
such as by electroplating or ceramic glazing.
    Subd. 2. Sale prohibited. (a) No person shall manufacture any jewelry that is offered for
sale in Minnesota unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material,
or any combination thereof.
    (b) No person shall offer for sale, sell, label, or distribute for free any jewelry represented
to contain safe levels of lead, unless the jewelry is made entirely from a Class 1, Class 2, or
Class 3 material, or any combination thereof.
    (c) Notwithstanding paragraph (a), no person shall manufacture any children's jewelry that
is offered for sale in Minnesota unless the children's jewelry is made entirely from one or more
of the following materials:
    (1) a nonmetallic material that is a Class 1 material;
    (2) a nonmetallic material that is a Class 2 material;
    (3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600
parts per million) lead by weight;
    (4) glass or crystal decorative components that weigh in total no more than one gram,
excluding any glass or crystal decorative component that contains less than 0.02 percent (200
parts per million) lead by weight and has no intentionally added lead;
    (5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million)
lead by weight; or
    (6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.
    (d) Notwithstanding paragraph (b), no person shall offer for sale, sell, distribute for free,
or label any jewelry as children's jewelry represented to contain safe levels of lead, unless the
jewelry is made entirely from one or more of the following materials:
    (1) a nonmetallic material that is a Class 1 material;
    (2) a nonmetallic material that is a Class 2 material;
    (3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600
parts per million) lead by weight;
    (4) glass or crystal decorative components that weigh in total no more than one gram,
excluding any glass or crystal decorative component that contains less than 0.02 percent (200
parts per million) lead by weight and has no intentionally added lead;
    (5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million)
lead by weight; or
    (6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.
    (e) Notwithstanding paragraph (a), no person shall manufacture any body piercing jewelry
that is offered for sale in Minnesota unless the body piercing jewelry is made of one or more
of the following materials:
    (1) surgical implant stainless steel; or
    (2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or
yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited
to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.
    (f) No person shall offer for sale, sell, label, or distribute for free any body piercing jewelry
represented to contain safe levels of lead unless the body piercing jewelry is made of one or more
of the following materials:
    (1) surgical implant stainless steel; or
    (2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or
yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited
to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.
    (g) The prohibitions under this section 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.
    Subd. 3. Testing methods. (a) The testing methods for determining compliance with this
section must be conducted using EPA reference method 3050B or 3051 for the material being
tested, except as otherwise provided in subdivision 4 and in accordance with all of the following
procedures:
    (1) when preparing a sample, the laboratory shall make every effort to ensure that the sample
removed from a jewelry piece is representative of the component to be tested, and is free of
contamination from extraneous dirt and material not related to the component to be tested;
    (2) all component samples must be washed before testing using standard laboratory detergent,
rinsed with laboratory reagent-grade deionized water, and dried in a clean ambient environment;
    (3) if a component is required to be cut or scraped to obtain a sample, the metal snips,
scissors, or other cutting tools used for the cutting or scraping must be made of stainless steel
and washed and rinsed before each use and between samples;
    (4) a sample must be digested in a container that is known to be free of lead and with the use
of an acid that is not contaminated by lead, including analytical reagent-grade digestion acids
and reagent-grade deionized water;
    (5) method blanks, consisting of all reagents used in sample preparation handled, digested,
and made to volume in the same exact manner and in the same container type as samples, must
be tested with each group of 20 or fewer samples tested; and
    (6) the results for the method blanks must be reported with each group of sample results and
must be below the stated reporting limit for sample results to be considered valid.
    (b) A material does not meet an applicable lead standard set forth in this section if any of
the following occurs:
    (1) the mean lead level of one or two samples of the material exceeds 300 percent of the
applicable limit for a component;
    (2) the mean lead level of three samples of the material exceeds 200 percent of the applicable
limit for a component; or
    (3) the mean lead level of four or more samples of the material exceeds the applicable
limit for a component.
    Subd. 4. Additional testing procedures. In addition to the requirements of subdivision 3,
the following procedures must be used for testing the following materials:
    (1) for testing a metal plated with suitable undercoats and finish coats, the following
protocols must be observed:
    (i) digestion must be conducted using hot concentrated nitric acid with the option of using
hydrochloric acid or hydrogen peroxide;
    (ii) the sample size must be 0.050 gram to one gram;
    (iii) the digested sample may require dilution prior to analysis;
    (iv) the digestion and analysis must achieve a reported detection limit no greater than 0.1
percent for samples; and
    (v) all necessary dilutions must be made to ensure that measurements are made within the
calibrated range of the analytical instrument;
    (2) for testing unplated metal and metal substrates that are not a Class 1 material, the
following protocols must be observed:
    (i) digestion must be conducted using hot concentrated nitric acid with the option of using
hydrochloric acid and hydrogen peroxide;
    (ii) the sample size must be 0.050 gram to one gram;
    (iii) the digested sample may require dilution prior to analysis;
    (iv) the digestion and analysis must achieve a reported detection limit no greater than 0.01
percent for samples; and
    (v) all necessary dilutions must be made to ensure that measurements are made within the
calibrated range of the analytical instrument;
    (3) for testing polyvinyl chloride (PVC), the following protocols must be observed:
    (i) the digestion must be conducted using hot concentrated nitric acid with the option of
using hydrochloric acid and hydrogen peroxide;
    (ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5
gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;
    (iii) digested samples may require dilution prior to analysis;
    (iv) digestion and analysis must achieve a reported detection limit no greater than 0.001
percent (10 parts per million) for samples; and
    (v) all necessary dilutions must be made to ensure that measurements are made within the
calibrated range of the analytical instrument;
    (4) for testing plastic or rubber that is not polyvinyl chloride (PVC), including acrylic,
polystyrene, plastic beads, or plastic stones, the following protocols must be observed:
    (i) the digestion must be conducted using hot concentrated nitric acid with the option of
using hydrochloric acid or hydrogen peroxide;
    (ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5
gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;
    (iii) plastic beads or stones must be crushed prior to digestion;
    (iv) digested samples may require dilution prior to analysis;
    (v) digestion and analysis must achieve a reported detection limit no greater than 0.001
percent (10 parts per million) for samples; and
    (vi) all necessary dilutions must be made to ensure that measurements are made within the
calibrated range of the analytical instrument;
    (5) for testing coatings on glass and plastic pearls, the following protocols must be observed:
    (i) the coating of glass or plastic beads must be scraped onto a surface free of dust, including
a clean weighing paper or pan, using a clean stainless steel razor blade or other clean sharp
instrument that will not contaminate the sample with lead. The substrate pearl material must not
be included in the scrapings;
    (ii) the razor blade or sharp instrument must be rinsed with deionized water, wiped to remove
particulate matter, rinsed again, and dried between samples;
    (iii) the scrapings must be weighed and not less than 50 micrograms of scraped coating
must be used for analysis. If less than 50 micrograms of scraped coating is obtained from an
individual pearl, multiple pearls from that sample must be scraped and composited to obtain a
sufficient sample amount;
    (iv) the number of pearls used to make the composite must be noted;
    (v) the scrapings must be digested according to EPA reference method 3050B or 3051 or an
equivalent procedure for hot acid digestion in preparation for trace lead analysis;
    (vi) the digestate must be diluted in the minimum volume practical for analysis;
    (vii) the digested sample must be analyzed according to specification of an approved and
validated methodology for inductively coupled plasma mass spectrometry;
    (viii) a reporting limit of 0.001 percent (10 parts per million) in the coating must be obtained
for the analysis; and
    (ix) the sample result must be reported within the calibrated range of the instrument. If the
initial test of the sample is above the highest calibration standard, the sample must be diluted
and reanalyzed within the calibrated range of the instrument;
    (6) for testing dyes, paints, coatings, varnish, printing inks, ceramic glazes, glass, or crystal,
the following testing protocols must be observed:
    (i) the digestion must use hot concentrated nitric acid with the option of using hydrochloric
acid or hydrogen peroxide;
    (ii) the sample size must be not less than 0.050 gram, and must be chopped or comminuted
prior to digestion;
    (iii) the digested sample may require dilution prior to analysis;
    (iv) the digestion and analysis must achieve a reported detection limit no greater than 0.001
percent (10 parts per million) for samples; and
    (v) all necessary dilutions must be made to ensure that measurements are made within the
calibrated range of the analytical instrument; and
    (7) for testing glass and crystal used in children's jewelry, the following testing protocols for
determining weight must be used:
    (i) a component must be free of any extraneous material, including adhesive, before it is
weighed;
    (ii) the scale used to weigh a component must be calibrated immediately before the
components are weighed using S-class weights of one and two grams, as certified by the National
Institute of Standards and Technology (NIST) of the United States Department of Commerce; and
    (iii) the calibration of the scale must be accurate to within 0.01 gram.
History: 2007 c 132 s 1
NOTE:Subdivision 2, paragraphs (a) and (c), as added by Laws 2007, chapter 132, section
1, are effective March 1, 2008. Laws 2007, chapter 132, section 2.

TELEPHONE ADVERTISING SERVICES

325E.39 TELEPHONE ADVERTISING SERVICES.
    Subdivision 1. Definition. For purposes of this section, "telephone advertising service"
means a service that enables advertisers to make recorded personal or other advertisements
available to respondents by means of voice mail or another messaging device accessed by
telephone. "Telephone advertising service" does not mean advertisements for telephone services
or a newspaper or other medium of mass communication that publishes an advertisement for a
telephone advertising service.
    Subd. 2. Verification and identification. A person who operates a telephone advertising
service in this state shall:
(1) verify the placement of an advertisement that includes the advertiser's telephone number
or other information that enables respondents to identify and communicate directly with the
advertiser by calling the listed number or otherwise communicating with the person identified as
the advertiser to ensure that the person placed or consented to the placement of the advertisement;
and
(2) in any advertising for the telephone advertising service, provide a business mailing
address or business telephone number sufficient to enable persons to communicate with the
business operation of the service.
History: 1992 c 377 s 2

JUNK FAXES

325E.395 FACSIMILE TRANSMISSION OF UNSOLICITED ADVERTISING
MATERIALS.
    Subdivision 1. Telephone number and address required; notice. (a) A person conducting
business in this state may not make or cause to be made a facsimile transmission of documents
consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other
disposition of property or services unless the person establishes a toll-free telephone number
that a recipient of the unsolicited documents may call to notify the sender not to transmit to
the recipient unsolicited documents.
(b) Unsolicited facsimile transmissions subject to this section must include a statement, in at
least 9-point type, informing the recipient of the toll-free telephone number the recipient may
call, and an address the recipient may write to, to notify the sender not to transmit to the recipient
unsolicited documents to the facsimile number specified by the recipient.
(c) Upon receiving a request not to transmit unsolicited documents, no person or entity
conducting business in this state may make or cause to be made any unsolicited facsimile
transmissions of documents to the person making the request.
    Subd. 2. Exception. This section does not apply to the transmission of documents by a
telecommunications service provider to the extent that the telecommunications service provider
merely provides transmission facilities.
    Subd. 3. Remedies and penalties. A person who is found to have violated this section is
subject to the penalties and remedies, including a private right of action, as provided in section
8.31.
History: 1993 c 197 s 1

PETROLEUM-BASED SWEEPING COMPOUNDS

325E.40 SALE OF PETROLEUM-BASED SWEEPING COMPOUND PRODUCTS
PROHIBITED.
    Subdivision 1. Prohibition. A person may not offer for sale or sell any sweeping compound
product that the person knows contains petroleum oil.
    Subd. 2. Labeling. The manufacturer of sweeping compound that is to be sold in this state
shall label the packaging for the compound to clearly indicate the type of oil contained in the
compound.
    Subd. 3. Enforcement. In addition to the enforcement mechanisms available for this chapter,
the commissioner of the Pollution Control Agency may enforce this section under section 116.072.
History: 1992 c 593 art 1 s 36

DECEPTIVE TRADE PRACTICES

325E.41 DECEPTIVE TRADE PRACTICES; ENVIRONMENTAL MARKETING
CLAIMS.
    Subdivision 1. Adoption of federal guides. (a) Environmental marketing claims made by a
manufacturer, packager, wholesaler, or retailer for a product sold or offered for sale or distribution
in this state, including those related to the product's packaging, must conform to the standards
or be consistent with the examples contained in Code of Federal Regulations, title 16, part 260,
"Guides for the Use of Environmental Marketing Claims" regarding general environmental
benefits claims, claims that a product or package is degradable, compostable, recyclable, or
contains recycled content, and claims relating to source reduction, refillability, or ozone safety.
(b) Paragraph (a) does not apply to an environmental claim unless the claim is made in an
attempt to influence purchasing decisions by end users of the product.
    Subd. 2. Investigation; enforcement. A person who violates this section is subject to the
penalties and remedies in section 8.31.
History: 1996 c 359 s 2

325E.42 DECEPTIVE TRADE PRACTICES; GAMBLING ADVERTISING AND
MARKETING CLAIMS.
    Subdivision 1. Regulation. All advertising or marketing materials relating to the conduct of
any form of legal gambling in Minnesota, including informational or promotional materials, must:
(1) be sufficiently clear to prevent deception; and
(2) not overstate expressly, or by implication, the attributes or benefits of participating in
legal gambling.
    Subd. 2. Attorney general's actions. The attorney general may bring an action against any
person violating this section in accordance with section 8.31, except that no private action is
permitted to redress or correct a violation of this section.
    Subd. 3. Advertising media excluded. This section applies to actions of the owner, publisher,
agent, or employee of newspapers, magazines, other printed matter, or radio or television stations
or other advertising media used for the publication or dissemination of an advertisement or
marketing materials, only if the owner, publisher, agent, or employee has been personally served
with a certified copy of a court order or consent judgment or agreement prohibiting the publication
of particular gambling advertising or marketing materials and thereafter publishes such materials.
History: 1994 c 633 art 8 s 2

ENFORCEMENT OF MUSICAL WORKS COPYRIGHT LICENSES

325E.50 DEFINITIONS.
    Subdivision 1. Terms. For purposes of sections 325E.50 to 325E.57, the terms defined in
this section have the meanings given them.
    Subd. 2. Copyright owner. "Copyright owner" means the owner of a copyright of a
nondramatic musical work recognized and enforceable under the copyright laws of the United
States under United States Code, title 17, sections 101 to 810.
    Subd. 3. Performing rights society. "Performing rights society" means an association,
corporation, or other entity that licenses the public performance of nondramatic musical works on
behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers
(ASCAP); Broadcast Music, Inc. (BMI); and SESAC, Inc.
    Subd. 4. Proprietor. "Proprietor" means the owner of a retail establishment, office,
restaurant, inn, bar, tavern, or any other similar establishment or place of business located in
this state in which the public may assemble and in which nondramatic musical works may be
performed, broadcast, or otherwise transmitted.
    Subd. 5. Royalty or royalties. "Royalty" or "royalties" means the license fees payable by a
proprietor to a performing rights society for the public performance of nondramatic musical works.
History: 1996 c 336 s 1

325E.51 LICENSING NEGOTIATIONS.
No performing rights society shall enter into, or offer to enter into, a contract for the payment
of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later
than 72 hours prior to the execution of that contract, it provides to the proprietor, in writing,
the following:
(1) a schedule of the rates and terms of royalties under the contract;
(2) upon the request of the proprietor, the opportunity to review the most current available
list of the members or affiliates represented by the society; and
(3) notice that it will make available, upon written request of any proprietor, at the sole
expense of the proprietor, the most current available listing of the copyrighted musical works
in the performing rights society's repertory, provided that the notice shall specify the means by
which the information can be secured.
History: 1996 c 336 s 2

325E.52 ROYALTY CONTRACT REQUIREMENTS.
Every contract for the payment of royalties between a proprietor and a performing rights
society executed in this state must be in writing and signed by the parties and must include, at a
minimum, the following information:
(1) the proprietor's name and business address and the name and location of each place of
business to which the contract applies;
(2) the name of the performing rights society;
(3) the duration of the contract; and
(4) the schedule of rates and terms of the royalties to be collected under the contract,
including any sliding scale or schedule for any increase or decrease of rates for the duration
of the contract.
History: 1996 c 336 s 3

325E.53 IMPROPER LICENSING PRACTICES.
No performing rights society or any agent or employee of a performing rights society shall:
(1) collect, or attempt to collect, from a proprietor licensed by that performing rights society,
a royalty payment except as provided in a contract executed pursuant to sections 325E.50 to
325E.57; or (2) enter into the premises of a proprietor's business for the purpose of discussing
a contract for payment of royalties for the use of copyrighted works by that proprietor without
first showing personal identification to the proprietor or the proprietor's employees and disclosing
that the agent is acting on behalf of the performing rights society and disclosing the purpose of
this discussion.
History: 1986 c 444; 1996 c 336 s 4

325E.54 INVESTIGATION.
Nothing in sections 325E.50 to 325E.57 shall be construed to prohibit a performing rights
society from conducting investigations to determine the existence of music use by a proprietor
or informing a proprietor of the proprietor's obligation under the federal copyright law, United
States Code, title 17.
History: 1996 c 336 s 5

325E.55 REMEDIES; INJUNCTION.
A person who suffers a violation of sections 325E.50 to 325E.57 may bring an action to
recover actual damages and reasonable attorney's fees and seek an injunction or any other
available remedy.
History: 1996 c 336 s 6

325E.56 REMEDIES CUMULATIVE.
The rights, remedies, and prohibitions contained in sections 325E.50 to 325E.57 are in
addition to and cumulative of any other right, remedy, or prohibition accorded by common law, or
state or federal law. Nothing contained in sections 325E.50 to 325E.57 shall be construed to deny,
abrogate, or impair any such common law or statutory right, remedy, or prohibition.
History: 1996 c 336 s 7

325E.57 EXCEPTIONS.
Sections 325E.50 to 325E.57 do not apply to contracts between copyright owners
or performing rights societies and broadcasters licensed by the Federal Communications
Commission, or to contracts with cable operators, programmers, or other transmission services.
Sections 325E.50 to 325E.57 do not apply to musical works performed in synchronization with an
audio/visual film or tape, or to the gathering of information for determination of compliance with
or activities related to the enforcement of sections 325E.169 to 325E.201.
History: 1996 c 336 s 8

325E.58 SIGN CONTRACTOR; BOND.
    (a) A sign contractor may post a compliance bond with the commissioner, conditioned that
the sign contractor shall faithfully perform duties and comply with laws, ordinances, rules, and
contracts entered into for the installation of signs. The bond must be renewed annually and
maintained for so long as determined by the commissioner. The aggregate liability of the surety
on the bond to any and all persons, regardless of the number of claims made against the bond,
may not exceed the annual amount of the bond. The bond may be canceled as to future liability by
the surety upon 30 days' written notice mailed to the commissioner by United States mail.
    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a local
unit of government that requires sign contractors to post a compliance bond. The bond is in lieu of
any compliance bond required by a local unit of government.
    (c) For purposes of this section, "sign" means a device, structure, fixture, or placard using
graphics, symbols, or written copy that is erected on the premises of an establishment including
the name of the establishment or identifying the merchandise, services, activities, or entertainment
available on the premises.
History: 1997 c 222 s 44; 2007 c 140 art 8 s 1

USE OF SOCIAL SECURITY NUMBERS

325E.59 USE OF SOCIAL SECURITY NUMBERS.
    Subdivision 1. Generally. (a) A person or entity, not including a government entity, may
not do any of the following:
    (1) publicly post or publicly display in any manner an individual's Social Security number.
"Publicly post" or "publicly display" means to intentionally communicate or otherwise make
available to the general public;
    (2) print an individual's Social Security number on any card required for the individual to
access products or services provided by the person or entity;
    (3) require an individual to transmit the individual's Social Security number over the Internet,
unless the connection is secure or the Social Security number is encrypted, except as required by
titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, title 42,
section 483.20;
    (4) require an individual to use the individual's Social Security number to access an Internet
Web site, unless a password or unique personal identification number or other authentication
device is also required to access the Internet Web site;
    (5) print a number that the person or entity knows to be an individual's Social Security
number on any materials that are mailed to the individual, unless state or federal law requires the
Social Security number to be on the document to be mailed. If, in connection with a transaction
involving or otherwise relating to an individual, a person or entity receives a number from a third
party, that person or entity is under no duty to inquire or otherwise determine whether the number
is or includes that individual's Social Security number and may print that number on materials
mailed to the individual, unless the person or entity receiving the number has actual knowledge
that the number is or includes the individual's Social Security number;
    (6) assign or use a number as the primary account identifier that is identical to or incorporates
an individual's complete Social Security number; or
    (7) sell Social Security numbers obtained from individuals in the course of business.
    Notwithstanding clauses (1) to (5), Social Security numbers may be included in applications
and forms sent by mail, including documents sent as part of an application or enrollment process,
or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of
the Social Security number. Nothing in this paragraph authorizes inclusion of a Social Security
number on the outside of a mailing or in the bulk mailing of a credit card solicitation offer.
    (b) A person or entity, not including a government entity, must restrict access to individual
Social Security numbers it holds so that only employees who require the numbers in order to
perform their job duties have access to the numbers, except as required by titles XVIII and XIX of
the Social Security Act and by Code of Federal Regulations, title 42, section 483.20.
    (c) This section applies only to the use of Social Security numbers on or after July 1, 2008.
    Subd. 2.[Repealed, 2007 c 129 s 58]
    Subd. 3. Coordination with other law. This section does not prevent the collection, use,
or release of a Social Security number as required by state or federal law or the use of a Social
Security number for internal verification or administrative purposes.
    Subd. 4. Public records. This section does not apply to documents that are recorded or
required to be open to the public under chapter 13 or by other law.
    Subd. 5. Definitions. For purposes of this section, "government entity" has the meaning
given in section 13.02, subdivision 7a, but does not include the Minnesota state colleges and
universities or the University of Minnesota.
History: 2005 c 163 s 85; 2006 c 253 s 19; 2007 c 129 s 55,57

NOTE: This section, as added by Laws 2005, chapter 163, section 85, is effective July 1,
2007. Laws 2005, chapter 163, section 85, the effective date.
NOTE:The amendments to subdivision 1 by Laws 2006, chapter 253, section 19, as
amended by Laws 2007, chapter 129, section 57, are effective July 1, 2008. Laws 2007, chapter
129, section 57, the effective date.

325E.60 RESTROOM ACCESS.
    Subdivision 1. Short title. This section may be cited as the Restroom Access Act.
    Subd. 2. Definitions. For purposes of this section:
    (a) "Customer" means an individual who is lawfully on the premises of a retail establishment.
    (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other
inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that
requires immediate access to a restroom facility.
    (c) "Retail establishment" means a place of business open to the general public for the sale of
goods or services. Retail establishment does not include a filling station or service station with
a structure of 800 square feet or less that has an employee restroom facility located within that
structure.
    Subd. 3. Retail establishment; customer access to restroom facilities. A retail
establishment that has a restroom facility for its employees shall allow a customer to use that
facility during normal business hours if the restroom facility is reasonably safe and all of the
following conditions are met:
    (1) the customer requesting the use of the employee restroom facility suffers from an eligible
medical condition or uses an ostomy device, provided that the existence of the condition or device
is documented in writing by the customer's physician or a nonprofit organization whose purpose
includes serving individuals who suffer from the condition;
    (2) three or more employees of the retail establishment are working at the time the customer
requests use of the employee restroom facility;
    (3) the retail establishment does not normally make a restroom available to the public;
    (4) the employee restroom facility is not located in an area where providing access
would create an obvious health or safety risk to the customer or an obvious security risk to
the establishment; and
    (5) a public restroom is not immediately accessible to the customer.
    Subd. 4. Liability. (a) A retail establishment or an employee of a retail establishment is not
civilly liable for an act or omission in allowing a customer who claims to have an eligible medical
condition to use an employee restroom facility that is not a public restroom if the act or omission:
    (1) is not negligent;
    (2) occurs in an area of the retail establishment that is not accessible to the public; and
    (3) results in an injury to or death of the customer or an individual other than an employee
accompanying the customer.
    (b) This section does not require a retail establishment to make any physical changes to an
employee restroom facility.
    Subd. 5. Violation. For a first violation of this section, the city or county attorney shall issue
a warning letter to the retail establishment or employee informing the establishment or employee
of the requirements of this section. A retail establishment or an employee of a retail establishment
that violates this section after receiving a warning letter is guilty of a petty misdemeanor. The
fine for a first offense must not exceed $50.
History: 2007 c 135 art 2 s 31

DATA WAREHOUSES; DISCLOSURE OF PERSONAL INFORMATION

325E.61 DATA WAREHOUSES; NOTICE REQUIRED FOR CERTAIN DISCLOSURES.
    Subdivision 1. Disclosure of personal information; notice required. (a) Any person
or business that conducts business in this state, and that owns or licenses data that includes
personal information, shall disclose any breach of the security of the system following discovery
or notification of the breach in the security of the data to any resident of this state whose
unencrypted personal information was, or is reasonably believed to have been, acquired by an
unauthorized person. The disclosure must be made in the most expedient time possible and
without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided
in paragraph (c), or with any measures necessary to determine the scope of the breach, identify
the individuals affected, and restore the reasonable integrity of the data system.
(b) Any person or business that maintains data that includes personal information that the
person or business does not own shall notify the owner or licensee of the information of any
breach of the security of the data immediately following discovery, if the personal information
was, or is reasonably believed to have been, acquired by an unauthorized person.
(c) The notification required by this section and section 13.055, subdivision 6, may be
delayed to a date certain if a law enforcement agency affirmatively determines that the notification
will impede a criminal investigation.
(d) For purposes of this section and section 13.055, subdivision 6, "breach of the security of
the system" means unauthorized acquisition of computerized data that compromises the security,
confidentiality, or integrity of personal information maintained by the person or business. Good
faith acquisition of personal information by an employee or agent of the person or business for
the purposes of the person or business is not a breach of the security system, provided that the
personal information is not used or subject to further unauthorized disclosure.
(e) For purposes of this section and section 13.055, subdivision 6, "personal information"
means an individual's first name or first initial and last name in combination with any one or more
of the following data elements, when the data element is not secured by encryption or another
method of technology that makes electronic data unreadable or unusable, or was secured and
the encryption key, password, or other means necessary for reading or using the data was also
acquired:
(1) Social Security number;
(2) driver's license number or Minnesota identification card number; or
(3) account number or credit or debit card number, in combination with any required security
code, access code, or password that would permit access to an individual's financial account.
(f) For purposes of this section and section 13.055, subdivision 6, "personal information"
does not include publicly available information that is lawfully made available to the general
public from federal, state, or local government records.
(g) For purposes of this section and section 13.055, subdivision 6, "notice" may be provided
by one of the following methods:
(1) written notice to the most recent available address the person or business has in its records;
(2) electronic notice, if the person's primary method of communication with the individual
is by electronic means, or if the notice provided is consistent with the provisions regarding
electronic records and signatures in United States Code, title 15, section 7001; or
(3) substitute notice, if the person or business demonstrates that the cost of providing notice
would exceed $250,000, or that the affected class of subject persons to be notified exceeds
500,000, or the person or business does not have sufficient contact information. Substitute notice
must consist of all of the following:
(i) e-mail notice when the person or business has an e-mail address for the subject persons;
(ii) conspicuous posting of the notice on the Web site page of the person or business, if the
person or business maintains one; and
(iii) notification to major statewide media.
(h) Notwithstanding paragraph (g), a person or business that maintains its own notification
procedures as part of an information security policy for the treatment of personal information
and is otherwise consistent with the timing requirements of this section and section 13.055,
subdivision 6 , shall be deemed to be in compliance with the notification requirements of this
section and section 13.055, subdivision 6, if the person or business notifies subject persons in
accordance with its policies in the event of a breach of security of the system.
    Subd. 2. Coordination with consumer reporting agencies. If a person discovers
circumstances requiring notification under this section and section 13.055, subdivision 6, of more
than 500 persons at one time, the person shall also notify, within 48 hours, all consumer reporting
agencies that compile and maintain files on consumers on a nationwide basis, as defined by United
States Code, title 15, section 1681a, of the timing, distribution, and content of the notices.
    Subd. 3. Waiver prohibited. Any waiver of the provisions of this section and section 13.055,
subdivision 6 , is contrary to public policy and is void and unenforceable.
    Subd. 4. Exemption. This section and section 13.055, subdivision 6, do not apply to any
"financial institution" as defined by United States Code, title 15, section 6809(3).
    Subd. 5.[Renumbered 13.055, subd 6]
    Subd. 6. Remedies and enforcement. The attorney general shall enforce this section and
section 13.055, subdivision 6, under section 8.31.
History: 2005 c 167 s 1; 2006 c 212 art 1 s 17,24; 2006 c 233 s 7,8

CREDIT ISSUED TO MINORS

325E.63 CREDIT ISSUED TO MINORS.
    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Credit" means the right granted to a borrower to defer payment of a debt, to incur debt
and defer its payment, or to purchase property or services and defer payment. Credit does not
include an overdraft from a person's deposit account, whether through a check, ATM withdrawal,
debit card, or otherwise, that is not pursuant to a written agreement to pay overdrafts with the
right to defer payment of them.
(c) "Creditor" means a person or entity doing business in this state.
(d) "Guardian" means a guardian as defined under section 524.5-102, subdivision 5.
(e) "Minor" means an individual under the age of 18 years.
(f) "Parent" means a person who has legal and physical custody of a child.
    Subd. 2. Prohibition on offering credit to minors. No creditor shall knowingly offer or
provide credit to a minor except at the request of the parent or guardian of the minor, until the
minor reaches the age of 18 years.
History: 2006 c 233 s 9

325E.64 ACCESS DEVICES; BREACH OF SECURITY.
    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
    (b) "Access device" means a card issued by a financial institution that contains a magnetic
stripe, microprocessor chip, or other means for storage of information which includes, but is not
limited to, a credit card, debit card, or stored value card.
    (c) "Breach of the security of the system" has the meaning given in section 325E.61,
subdivision 1, paragraph (d).
    (d) "Card security code" means the three-digit or four-digit value printed on an access device
or contained in the microprocessor chip or magnetic stripe of an access device which is used to
validate access device information during the authorization process.
    (e) "Financial institution" means any office of a bank, bank and trust, trust company with
banking powers, savings bank, industrial loan company, savings association, credit union, or
regulated lender.
    (f) "Microprocessor chip data" means the data contained in the microprocessor chip of an
access device.
    (g) "Magnetic stripe data" means the data contained in the magnetic stripe of an access device.
    (h) "PIN" means a personal identification code that identifies the cardholder.
    (i) "PIN verification code number" means the data used to verify cardholder identity when a
PIN is used in a transaction.
    (j) "Service provider" means a person or entity that stores, processes, or transmits access
device data on behalf of another person or entity.
    Subd. 2. Security or identification information; retention prohibited. No person or entity
conducting business in Minnesota that accepts an access device in connection with a transaction
shall retain the card security code data, the PIN verification code number, or the full contents
of any track of magnetic stripe data, subsequent to the authorization of the transaction or in the
case of a PIN debit transaction, subsequent to 48 hours after authorization of the transaction. A
person or entity is in violation of this section if its service provider retains such data subsequent to
the authorization of the transaction or in the case of a PIN debit transaction, subsequent to 48
hours after authorization of the transaction.
    Subd. 3. Liability. Whenever there is a breach of the security of the system of a person or
entity that has violated this section, or that person's or entity's service provider, that person or
entity shall reimburse the financial institution that issued any access devices affected by the
breach for the costs of reasonable actions undertaken by the financial institution as a result of the
breach in order to protect the information of its cardholders or to continue to provide services to
cardholders, including but not limited to, any cost incurred in connection with:
    (1) the cancellation or reissuance of any access device affected by the breach;
    (2) the closure of any deposit, transaction, share draft, or other accounts affected by the
breach and any action to stop payments or block transactions with respect to the accounts;
    (3) the opening or reopening of any deposit, transaction, share draft, or other accounts
affected by the breach;
    (4) any refund or credit made to a cardholder to cover the cost of any unauthorized
transaction relating to the breach; and
    (5) the notification of cardholders affected by the breach.
The financial institution is also entitled to recover costs for damages paid by the financial
institution to cardholders injured by a breach of the security of the system of a person or entity
that has violated this section. Costs do not include any amounts recovered from a credit card
company by a financial institution. The remedies under this subdivision are cumulative and do not
restrict any other right or remedy otherwise available to the financial institution.
History: 2007 c 108 s 1
NOTE:Subdivision 3, as added by Laws 2007, chapter 108, section 1, is effective August 1,
2008, and applies to breaches of the security of a system occurring on or after that date. Laws
2007, chapter 108, section 1, the effective date.

325E.65 SALE OF AMERICAN FLAGS.
    No person in the business of offering goods at retail may sell or offer for sale in this state an
American flag unless the flag was manufactured in the United States of America.
History: 2007 c 135 art 8 s 2