1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/25/2010 11:37am
A bill for an act
relating to commerce; regulating cadmium in children's jewelry; proposing
coding for new law in Minnesota Statutes, chapter 325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) As used in this section, the term:
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(1) "accessible" has the meaning given in section 3.1.2 of the ASTM International
Safety Specification on Toy Safety, F-963-08;
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(2) "child" means an individual who is six years of age or younger; and
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(3) "children's jewelry" means jewelry that is made for, marketed for use by, or
sold to a child.
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(a) A person may not use or apply cadmium in excess of
75 parts per million on any surface coating or accessible substrate material of children's
jewelry, as determined through solubility testing for heavy metals defined in the ASTM
International Safety Specification on Toy Safety, ASTM standard F-963-08, if the product
is sold in this state. This section shall not regulate any product category for which an
existing federal standard regulates cadmium exposure in surface coatings and accessible
substrate materials.
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(b) The prohibitions under this subdivision 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.
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This act is effective January 1, 2011.
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