2006 Minnesota Statutes

325F.24 ENFORCEMENT; PENALTIES.
    Subdivision 1. Criminal penalty; liability limited. Violation of section 325F.20, subdivision
2 , or 325F.21, subdivision 2 or 3, shall constitute a misdemeanor, provided that the sole liability
for such violation on insulation sold under the manufacturer's brand or trademark shall be the
manufacturer's, and that an industry member who is not a manufacturer shall be liable under
this subdivision only by having actual knowledge or knowledge fairly implied on the basis of
the objective circumstances that the insulation presents a clear and present danger or has not
been subject to the required testing procedures.
    Subd. 2. Criminal penalty. Violation of section 325F.20, subdivision 3, 325F.22, or 325F.23
shall constitute a misdemeanor.
    Subd. 3. Attorney general enforcement. The provisions of section 325F.22 may be enforced
by the attorney general pursuant to section 8.31. The attorney general may recover costs and
disbursements, including costs of investigation and reasonable attorney's fees. In addition to the
remedies otherwise provided by law, any person injured by a violation of section 325F.20, 325F.22,
or 325F.23 may bring a civil action and recover damages together with costs of investigation and
reasonable attorney's fees, and receive other equitable relief as determined by the court. The court
may as appropriate enter a consent judgment or decree without the finding of illegality.
    Subd. 3a. Rulemaking enforcement by commissioner. Rules promulgated by the
commissioner pursuant to sections 325F.20, subdivision 1, and 325F.21, subdivision 1 may be
enforced by the commissioner pursuant to section 216C.30.
    Subd. 4. Remedies cumulative. Remedies taken under this section shall not exclude other
civil or criminal actions under Minnesota Statutes.
History: 1978 c 786 s 9; Ex1979 c 2 s 38; 1981 c 356 s 206,248; 1986 c 444; 1987 c 312
art 1 s 10