reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.35 — Definitions.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.36 — Seller-financed Agricultural Input Sales.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.38 — Sale Of Certain Cfc Products Prohibited.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.381 — Perchloroethylene Prohibition.

325E.381 PERCHLOROETHYLENE PROHIBITION.
After December 31, 2025, using perchloroethylene as a dry cleaning solvent is prohibited.
History:
2021 c 5 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.385 — Products Containing Polybrominated Diphenyl Ether.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.386 — Products Containing Certain Polybrominated Diphenyl Ethers Banned; Exemptions.

325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.
Subdivision 1.
Penta- and octabromodiphenyl ethers.
Except as provided in subdivision 2, 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; 2008 c 277 art 1 s 70
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.387 — Review Of Decabromodiphenyl Ether.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.388 — Penalties.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.3892 — Lead And Cadmium In Consumer Products; Prohibition.

325E.3892 LEAD AND CADMIUM IN CONSUMER PRODUCTS; PROHIBITION.
Subdivision 1.
Definitions.
For purposes of this section, "covered product" means any of the following products or product components:
(1) jewelry;
(2) toys;
(3) cosmetics and personal care products;
(4) puzzles, board games, card games, and similar games;
(5) play sets and play structures;
(6) outdoor games;
(7) school supplies;
(8) pots and pans;
(9) cups, bowls, and other food containers;
(10) craft supplies and jewelry-making supplies;
(11) chalk, crayons, paints, and other art supplies;
(12) fidget spinners;
(13) costumes, costume accessories, and children's and seasonal party supplies;
(14) keys, key chains, and key rings; and
(15) clothing, footwear, headwear, and accessories.
Subd. 2.
Prohibition.
(a) A person must not import, manufacture, sell, hold for sale, or distribute or offer for use in this state any covered product containing:
(1) lead at more than 0.009 percent by total weight (90 parts per million); or
(2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
(b) This section does not apply to covered products containing lead or cadmium, or both, when regulation is preempted by federal law.
Subd. 3.
Enforcement.
(a) The commissioners of the Pollution Control Agency, commerce, and health may coordinate to enforce this section. The commissioner of the Pollution Control Agency or commerce may, with the attorney general, enforce any federal restrictions on the sale of products containing lead or cadmium, or both, as allowed under federal law. The commissioner of the Pollution Control Agency may enforce this section under sections 115.071 and 116.072. The commissioner of commerce may enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and 325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
(b) When requested by the commissioner of the Pollution Control Agency, the commissioner of commerce, or the attorney general, a person must furnish to the commissioner or attorney general any information that the person may have or may reasonably obtain that is relevant to show compliance with this section.
History:
2023 c 60 art 3 s 24
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.39 — 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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.395 — Facsimile Transmission Of Unsolicited Advertising Materials.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.40 — Sale Of Petroleum-based Sweeping Compound Products Prohibited.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.41 — Deceptive Trade Practices; Environmental Marketing Claims.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.42 — Deceptive Trade Practices; Gambling Advertising And Marketing Claims.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.491 — Definitions.

325E.491 DEFINITIONS.
Subdivision 1.
Terms.
For the purpose of section 325E.492, the terms defined in this section have the meanings given.
Subd. 2.
Performing group.
"Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
Subd. 3.
Recording group.
"Recording group" means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
Subd. 4.
Sound recording.
"Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phono-record, in which the sounds are embodied.
History:
2008 c 191 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.492 — Production.

325E.492 PRODUCTION.
It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. This section does not apply if any of the following apply:
(1) the performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office;
(2) at least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;
(3) the live musical performance or production is identified in all advertising and promotion as a salute or tribute;
(4) the advertising does not relate to a live musical performance or production taking place in this state; or
(5) the performance or production is expressly authorized by the recording group.
History:
2008 c 191 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.50 — Definitions.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.51 — Licensing Negotiations.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.52 — Royalty Contract Requirements.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.53 — Improper Licensing Practices.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.54 — Investigation.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.55 — Remedies.

325E.55 REMEDIES.
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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.56 — Remedies Cumulative.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.57 — Exceptions.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.63 — 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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.65 — Sale Of American Flags.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.66 — Insurance Claims For Residential Contracting Goods And Services.

325E.66 INSURANCE CLAIMS FOR RESIDENTIAL CONTRACTING GOODS AND SERVICES.
Subdivision 1.
Payment or rebate of insurance deductible.
A residential contractor providing home repair or improvement services to be paid by an insured from the proceeds of a property or casualty insurance policy shall not, as an inducement to the sale or provision of goods or services to an insured, advertise or promise to pay, directly or indirectly, all or part of any applicable insurance deductible or offer to compensate an insured for providing any service to the insured. If a residential contractor violates this section, the insurer to whom the insured tendered the claim shall not be obligated to consider the estimate prepared by the residential contractor. The residential contractor must provide a written notification of the requirements of this section with its initial estimate. The adjuster or insurer must provide a written notification of the requirements of this section in the initial estimate relating to the claim.
For purposes of this section, "residential contractor" means a residential roofer, as defined in section 326B.802, subdivision 14; a residential building contractor, as defined in section 326B.802, subdivision 11; and a residential remodeler, as defined in section 326B.802, subdivision 12.
Subd. 2.
Private remedy.
If a residential contractor violates subdivision 1, the insured or the applicable insurer may bring an action against the residential contractor in a court of competent jurisdiction for damages sustained by the insured or insurer as a consequence of the residential contractor's violation.
Subd. 3.
Public enforcement.
The commissioner of labor and industry shall enforce this section under sections 326B.081 to 326B.085.
History:
2010 c 324 s 1; 2011 c 63 s 1; 2012 c 248 s 1; 2018 c 209 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325E — Trade Practices › Section 325E.70 — Estate Sale Conductors; Bonding Required.

325E.70 ESTATE SALE CONDUCTORS; BONDING REQUIRED.
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Estate sale" means a sale, to which the public is invited, of physical assets, suited primarily for household or personal use, owned by one or more individuals or families, or by the estate of a deceased individual. Estate sale does not include an auction.
(c) "Estate sale conductor" means an individual, including an auctioneer, who conducts, or contracts to conduct, an estate sale in the expectation or hope of receiving financial compensation for services rendered.
(d) "Conducts an estate sale" means entering into and performing an agreement with the owner or owners of property to be sold at an estate sale, in which agreement the estate sale conductor undertakes to take responsibility for conducting the sale, including functions such as advice, advertising, pricing, display of merchandise, selling, receiving and accounting for payments, and record-keeping.
Subd. 2.
Estate sale conductor bonding requirement.
(a) Before entering into an agreement to conduct an estate sale, the estate sale conductor shall give or previously have filed a corporate surety bond to the county in which the estate sale will take place, or in which the estate sale conductor resides, in a penal sum of at least $20,000, conditioned that the estate sale conductor will pay all sums required by law or contract and in all things conform to the contract and to all laws relevant to the estate sale or to persons who conduct estate sales. The county treasurer, for approval, shall endorse the bond and file it in the county treasurer's office.
(b) Paragraph (a) applies to an auctioneer who conducts an estate sale, on the same basis as any other estate sale conductor, regardless of whether the auctioneer has also posted the bond required under section 330.02 for the auctioneer's sales conducted as an auctioneer.
Subd. 3.
Exemption.
This section shall not apply to licensed certified public accountants or licensed attorneys.
History:
2013 c 60 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.01 — Asbestos Used In Building And Remodeling.

325F.01 ASBESTOS USED IN BUILDING AND REMODELING.
Subdivision 1.
Ban.
No person, corporation, partnership, joint venture, firm or association shall use, sell, deliver or receive, or contract to use, sell, deliver or receive powdered asbestos, whether in its powdered form or mixed with any other substance, and to be applied with a pressure sprayer, or in its molded form if asbestos dust will emanate from it due to handling, mixing or cutting, for purposes of constructing, remodeling or improving any building structure in this state.
Subd. 2.
Criminal penalty.
Any violation of the provisions of subdivision 1 shall constitute a misdemeanor.
History:
1973 c 742 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.015 — Unsafe Bleachers.

325F.015 UNSAFE BLEACHERS.
A person shall not manufacture, sell, distribute, or install bleachers within this state that do not comply with section 326B.112. For purposes of this section, "person" means an individual, public or private entity, however organized, or a unit of state or local government.
History:
1999 c 250 art 1 s 93; 2007 c 140 art 4 s 61; art 13 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.03 — Flame Resistant Public Assembly Tents.

325F.03 FLAME RESISTANT PUBLIC ASSEMBLY TENTS.
No person, firm or corporation shall establish, maintain or operate any circus, side show, carnival, tent show, theater, skating rink, dance hall, or a similar exhibition, production, engagement or offering or other place of assemblage in or under which ten or more persons may gather for any lawful purpose in any tent, awning or other fabric enclosure unless such tent, awning or other fabric enclosure, and all auxiliary tents, curtains, drops, awnings and all decorative materials, are made from a nonflammable material or are treated and maintained in a flame resistant condition. This section shall not apply to tents used to conduct committal services on the grounds of a cemetery, nor to tents, awnings or other fabric enclosures erected and used within a sound stage, or other similar structural enclosure which is equipped with an overhead automatic sprinkler system.
History:
1975 c 341 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.04 — Flame Resistant Tents And Sleeping Bags.

325F.04 FLAME RESISTANT TENTS AND SLEEPING BAGS.
No person, firm or corporation may sell or offer for sale or manufacture for sale in this state any tent unless all fabrics or pliable materials in the tent are durably flame resistant. No person, firm or corporation may sell or offer for sale or manufacture for sale in this state any sleeping bag unless it meets the standards of the commissioner of public safety for flame resistancy. Tents and sleeping bags shall be conspicuously labeled as being durably flame resistant.
History:
1975 c 341 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.05 — Rules.

325F.05 RULES.
The commissioner of public safety shall act so as to have effective rules concerning standards for nonflammable, flame resistant and durably resistant materials and for labeling requirements by January 1, 1976. In order to comply with sections 325F.03 and 325F.04 all materials and labels must comply with the rules adopted by the commissioner. The commissioner has general rulemaking power to otherwise implement sections 325F.03 to 325F.07.
History:
1975 c 341 s 3; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.06 — Civil Penalties.

325F.06 CIVIL PENALTIES.
Any firm or corporation who violates sections 325F.03 to 325F.05 shall be strictly liable for any damage which occurs to any person as a result of such violation. In addition, any seller shall refund the full purchase price of any item sold in violation of section 325F.04 upon return of the item by the buyer.
History:
1975 c 341 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.07 — Criminal Penalty.

325F.07 CRIMINAL PENALTY.
Any person, firm or corporation which violates sections 325F.03 to 325F.05 is guilty of a misdemeanor.
History:
1975 c 341 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.075 — Food Packaging; Pfas.

325F.075 FOOD PACKAGING; PFAS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Food package" means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage. Food package includes:
(1) a unit package, an intermediate package, and a shipping container;
(2) unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and
(3) an individual assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.
(c) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) "Intentionally added" means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final package or packaging component to perform a specific function.
Subd. 2.
Prohibition.
No person shall manufacture or knowingly sell, offer for sale, distribute for sale, distribute, or offer for use in Minnesota a food package that contains intentionally added PFAS.
Subd. 3.
Enforcement.
(a) The commissioner of the Pollution Control Agency may enforce this section under sections 115.071 and 116.072. The commissioner may coordinate with the commissioners of commerce and health in enforcing this section.
(b) When requested by the commissioner of the Pollution Control Agency, a person must furnish to the commissioner any information that the person may have or may reasonably obtain that is relevant to show compliance with this section.
History:
1Sp2021 c 6 art 2 s 105
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.08 — Importation, Manufacture, Sale Or Distribution Of Hazardous Articles.

325F.08 IMPORTATION, MANUFACTURE, SALE OR DISTRIBUTION OF HAZARDOUS ARTICLES.
No person, firm, corporation, association or agent or employee thereof shall import, manufacture, sell, hold for sale or distribute a toy or other article intended for use by a child which presents an electrical, mechanical or thermal hazard or presents a hazard due to toxic, or flammable properties or properties able to produce asphyxiation or suffocation.
History:
1973 c 467 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.09 — Definitions.

325F.09 DEFINITIONS.
(a) "Child" means any person less than 14 years of age.
(b) A toy presents an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electrical shock or electrocution.
(c) A toy presents a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness:
(1) from fracture, fragmentation, or disassembly of the article;
(2) from propulsion of the article or any part or accessory thereof;
(3) from points or other protrusions, surfaces, edges, openings, or closures;
(4) from moving parts;
(5) from lack or insufficiency of controls to reduce or stop motion;
(6) as a result of self-adhering characteristics of the article;
(7) because the article or any part or accessory thereof may be aspirated or ingested;
(8) because of instability;
(9) from stuffing material which is not free of dangerous or harmful substances; or
(10) because of any other aspect of the article's design or manufacture.
(d) A toy presents a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces.
(e) "Toxic" means able to produce personal injury or illness to a person through ingestion, inhalation, or absorption through any body surface and can apply to any substance other than a radioactive substance.
(f) "Flammable" means having a flash point up to 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. The flammability of solids and of the contents of self-pressurized containers shall be determined by methods generally recognized as applicable to the materials or containers and established by rules issued by the commissioner.
(g) A toy presents a hazard of asphyxiation or suffocation if, in normal use or when subject to reasonably foreseeable damage or abuse, its design, manufacture or storage presents a risk of personal injury or illness from interference with normal breathing.
(h) "Commissioner" means commissioner of commerce.
(i) "Inspector" means an inspector of the Department of Commerce.
History:
1973 c 467 s 2; 1983 c 289 s 109; 1984 c 655 art 1 s 57
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.10 — Banning Of Hazardous Articles; Rules.

325F.10 BANNING OF HAZARDOUS ARTICLES; RULES.
The commissioner shall ban from sale or distribution any toy or other article intended for use by children that presents any of the hazards set out in section 325F.08.
The commissioner shall adopt the rules necessary to carry out the intent of sections 325F.08 to 325F.18. Rules shall insofar as practicable conform to the rules relating to this subject found as part 191 in the Code of Federal Regulations, title 21.
History:
1973 c 467 s 3; 1983 c 289 s 114; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.11 — Testing Of Articles To Determine And Insure Compliance.

325F.11 TESTING OF ARTICLES TO DETERMINE AND INSURE COMPLIANCE.
The commissioner or an authorized and qualified employee or inspector, may undertake or provide for testing of toys and other articles as the commissioner, employee, or inspector deems necessary to determine their safety and fitness for commerce in this state in compliance with sections 325F.08 to 325F.18. The commissioner may contract or otherwise arrange with any testing facility, public or private, for testing and reporting the results. The commissioner may, by rule, require that any toy or other article within the provisions of sections 325F.08 to 325F.18 be adequately tested by a reputable testing facility, or the manufacturer or distributor of the article, and that the certified results of the test be filed with the commissioner before the sale, distribution, or other movement in commerce within this state of the toys or articles. The commissioner may by rule provide for penalties for the failure to provide test results.
History:
1973 c 467 s 4; 1983 c 289 s 110; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.12 — Repurchase Of Banned Articles.

325F.12 REPURCHASE OF BANNED ARTICLES.
In the case of any article sold by its manufacturer, distributor, or dealer which has been banned, whether or not it was banned at the time of its sale, the article shall, in accordance with rules of the commissioner, be repurchased as follows:
(a) The manufacturer of the article shall repurchase it from the person to whom the manufacturer sold it, and shall refund that person the purchase price paid for the article. If the manufacturer requires the return of the article in connection with the repurchase of it, the manufacturer shall also reimburse the person for any reasonable and necessary expenses incurred in returning it to the manufacturer.
(b) The distributor of any banned article shall repurchase it from the person to whom the distributor sold it, and shall refund that person the purchase price paid for the article. If the distributor requires the return of the article in connection with the repurchase of it in accordance with this clause, the distributor shall reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor.
(c) In the case of any banned article sold at retail by a dealer, if the person who purchased it from the dealer returns it to the dealer, the dealer shall refund the purchase price paid for it and reimburse the purchaser for any reasonable and necessary transportation charges incurred in its return.
History:
1973 c 467 s 5; 1983 c 289 s 114; 1985 c 248 s 70; 1986 c 444