Subdivision 1. Definitions. (a) "Commercial user" means any person who deals in cribs or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to cribs, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing cribs in the stream of commerce.
(b) "Infant" means any person less than 35 inches tall and less than three years of age.
(c) "Crib" means a bed or containment designed to accommodate an infant.
(d) "Full-size crib" means a full-size crib as defined in Code of Federal Regulations, title 16, section 1508.3, regarding the requirements for full-size cribs.
(e) "Non-full-size crib" means a non-full-size crib as defined in Code of Federal Regulations, title 16, section 1509.2, regarding the requirements for non-full-size cribs.
(f) "Place in the stream of commerce" means to sell, offer for sale, give away, offer to give away, or allow to use.
Subd. 2. Unsafe cribs prohibited. (a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place any unsafe crib in the stream of commerce on or after January 1, 2006.
(b) On or after January 1, 2006, no person operating a hotel, motel, or lodging establishment shall provide any unsafe crib to any guest, either with or without charge, for use during the guest's stay. For the purposes of this paragraph, "hotel," "motel," and "lodging establishment" have the meanings given them in section 157.15.
(c) A crib is presumed to be unsafe for purposes of this section if it does not conform to the standards endorsed or established by the United States Consumer Product Safety Commission, including but not limited to Code of Federal Regulations, title 16, and ASTM International, as follows:
(1) Code of Federal Regulations, title 16, part 1508, and any regulations adopted to amend or supplement the regulations;
(2) Code of Federal Regulations, title 16, part 1509, and any regulations adopted to amend or supplement the regulations;
(3) Code of Federal Regulations, title 16, part 1303, and any regulations adopted to amend or supplement the regulations;
(4) the following standards and specifications of ASTM International for corner posts of baby cribs and structural integrity of baby cribs:
(i) ASTM F 966 (corner post standard);
(ii) ASTM F 1169 (structural integrity of full-size baby cribs);
(iii) ASTM F 1822 (non-full-size cribs).
(d) A crib is exempt from the provisions of this section if it is not intended for use by an infant; and at the time of selling, contracting to resell, leasing, subletting, or otherwise placing the crib in the stream of commerce, the commercial user attaches a written notice to the crib declaring that it is not intended to be used for an infant and is unsafe for use by an infant. A commercial user who complies with this paragraph is not liable for use of the crib contrary to the notice provided.
Subd. 3. Retrofits. (a) An unsafe crib, as determined under subdivision 2, may be retrofitted if the retrofit has been approved by the United States Consumer Product Safety Commission. A retrofitted crib may be sold if it is accompanied at the time of sale by a notice stating that it is safe to use for a child under three years of age. The commercial user is responsible for ensuring that the notice is present with the retrofitted crib at the time of sale. The notice must include:
(1) a description of the original problem that made the crib unsafe;
(2) a description of the retrofit that explains how the original problem was eliminated and declares that the crib is now safe to use for a child under three years of age; and
(3) the name and address of the commercial user who accomplished the retrofit certifying that the work was done along with the name and model number of the crib.
(b) A retrofit is exempt from this section if:
(1) the retrofit is for a crib that requires assembly by the consumer, the approved retrofit is provided with the product by the commercial user, and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or
(2) the seller of a previously unsold product accomplishes the retrofit prior to sale.
Subd. 4. Exception. A commercial user does not violate this section if the crib placed in the stream of commerce by the commercial user was not included on the Consumer Product Safety Commission's list during the entire 14-day period before this placement.
Subd. 5. Enforcement. This section may be enforced as provided under sections 45.027, subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16.
2005 c 139 s 2; 1Sp2021 c 4 art 6 s 23
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325F — Consumer Protection; Products And Sales
Section 325F.01 — Asbestos Used In Building And Remodeling.
Section 325F.015 — Unsafe Bleachers.
Section 325F.02 — Manufacture, Storage, Or Sale Of Matches.
Section 325F.03 — Flame Resistant Public Assembly Tents.
Section 325F.04 — Flame Resistant Tents And Sleeping Bags.
Section 325F.06 — Civil Penalties.
Section 325F.07 — Criminal Penalty.
Section 325F.071 — Flame-retardant Chemicals; Prohibition.
Section 325F.072 — Firefighting Foam.
Section 325F.075 — Food Packaging; Pfas.
Section 325F.08 — Importation, Manufacture, Sale Or Distribution Of Hazardous Articles.
Section 325F.09 — Definitions.
Section 325F.10 — Banning Of Hazardous Articles; Rules.
Section 325F.11 — Testing Of Articles To Determine And Insure Compliance.
Section 325F.12 — Repurchase Of Banned Articles.
Section 325F.13 — Banned Hazardous Toys; Prohibitions.
Section 325F.135 — Unsafe Recalled Toys; Prohibition On Sale.
Section 325F.14 — Hazardous Toys; Seizure.
Section 325F.15 — Commissioner's Right Of Access To Premises, Records.
Section 325F.171 — Crib Safety.
Section 325F.172 — Definitions.
Section 325F.173 — Bisphenol-a In Certain Children's Products.
Section 325F.174 — Bisphenol-a In Children's Food Containers.
Section 325F.175 — Bisphenol-a Replacement Chemicals.
Section 325F.176 — Definitions.
Section 325F.177 — Formaldehyde In Children's Products; Ban.
Section 325F.178 — Formaldehyde Replacement Chemicals.
Section 325F.179 — Enforcement.
Section 325F.18 — Duty Of Manufacturer.
Section 325F.181 — Formaldehyde Product Standard.
Section 325F.185 — Electric Vehicle Infrastructure.
Section 325F.19 — Home Insulation; Consumer Protection; Definitions.
Section 325F.20 — Specifications For Manufacture, Labeling, And Installation Of Insulation.
Section 325F.21 — Testing Of Insulation.
Section 325F.22 — Unfair And Deceptive Advertising Practices.
Section 325F.23 — Marking, Labeling, And Consumer Information.
Section 325F.24 — Enforcement; Penalties.
Section 325F.245 — Landscape Application Contracts.
Section 325F.25 — Definitions.
Section 325F.26 — Use Of Secondhand Material Forbidden In Certain Cases.
Section 325F.27 — Sale Of Bedding.
Section 325F.28 — Material Must Be Renovated.
Section 325F.29 — Sales Forbidden; Exceptions; Penalties.
Section 325F.30 — Shoddy Material To Be Labeled.
Section 325F.31 — Bedding To Be Labeled.
Section 325F.32 — Feathers To Be Renovated.
Section 325F.34 — Testimony; Production Of Books And Documents.
Section 325F.35 — Definitions.
Section 325F.36 — Manufacture And Sale Of Cotton Duck Or Canvas; Stamps, Brands, And Marks.
Section 325F.37 — Certain Sales Unlawful; Misstatements Forbidden.
Section 325F.39 — Unlawful To Deface Mark.
Section 325F.40 — Violations; Penalties.
Section 325F.41 — Testimony; Production Of Books And Documents.
Section 325F.42 — Fraud In The Sale Of Fur Wearing Apparel.
Section 325F.43 — Imitation Indian-made Goods To Be Branded.
Section 325F.45 — Goods Not To Be Sold Without Brand.
Section 325F.47 — Misrepresentation Of Blind-made Articles Or Products.
Section 325F.48 — Prison-made Goods Are Subject To Laws Of State.
Section 325F.51 — Operation Of Airport Foreign Currency Exchanges.
Section 325F.53 — Retail Merchandise; Price Marking.
Section 325F.55 — Local Ordinance Preempted.
Section 325F.56 — Definitions.
Section 325F.57 — Service Calls.
Section 325F.61 — Return Of Property.
Section 325F.62 — Required Shop Practices.
Section 325F.63 — Remedies; Penalties.
Section 325F.65 — Preemption By State.
Section 325F.662 — Sale Of Used Motor Vehicles.
Section 325F.664 — New Motor Vehicle Damage Disclosures.
Section 325F.6641 — Disclosure Of Vehicle Damage.
Section 325F.6642 — Title Branding.
Section 325F.6643 — Remedies; Penalties.
Section 325F.665 — New Motor Vehicle Warranties; Manufacturer's Duty To Repair, Refund, Or Replace.
Section 325F.6651 — Definitions.
Section 325F.6652 — Notice To Consumer.
Section 325F.6653 — Manufacturer's Duty To Repair.
Section 325F.6654 — Manufacturer's Duty To Refund Or Replace.
Section 325F.6655 — Extension Of Warranty.
Section 325F.6656 — Alternative Dispute Settlement.
Section 325F.6657 — Affirmative Defenses.
Section 325F.6658 — Limitation On Actions.
Section 325F.6659 — Remedy Nonexclusive.
Section 325F.666 — Unlawful Reassignment Of Certain Motor Vehicle Contracts.
Section 325F.6670 — Equipment Required At Time Of Sale.
Section 325F.67 — False Statement In Advertisement.
Section 325F.675 — Fraud Related To Consumer Telephone Records.
Section 325F.68 — Definitions.
Section 325F.69 — Unlawful Practices.
Section 325F.691 — Unreasonable Delay In Mortgage Loan Closing.
Section 325F.692 — Fraudulent Telephone Services; Billing.
Section 325F.693 — Fraudulent Telephone Services; Slamming.
Section 325F.694 — False Or Misleading Commercial Electronic Mail Messages.
Section 325F.696 — Liability For Unauthorized Use Of Cellular Telephones.
Section 325F.697 — Live Check Solicitation Prohibited.
Section 325F.698 — Smartphone Antitheft Protection.
Section 325F.71 — Senior Citizens And Disabled Persons; Additional Civil Penalty For Deceptive Acts.
Section 325F.72 — Disclosure Of Special Care Status Required.
Section 325F.721 — Provision Of "i'm Okay" Check Services.
Section 325F.722 — Consumer Protections For Exempt Settings.
Section 325F.73 — Fraudulent Sale Of Gold And Silver; Penalty.
Section 325F.731 — Definitions.
Section 325F.733 — License; Application; Terms And Conditions.
Section 325F.734 — Identification Of Sellers.
Section 325F.735 — Records Required.
Section 325F.736 — Required Holding Period.
Section 325F.737 — Additional Holding Period.
Section 325F.739 — Certain Purchases Prohibited.
Section 325F.741 — Payment By Check.
Section 325F.742 — Governmental Subdivisions May Regulate.
Section 325F.743 — Criminal Penalty.
Section 325F.744 — Civil Penalty.
Section 325F.755 — Prize Notices And Solicitations.
Section 325F.76 — Definitions.
Section 325F.77 — Promotional Distribution.
Section 325F.781 — Requirements; Tobacco Product Delivery Sales.
Section 325F.783 — Auto Glass Repair Or Replacement.
Section 325F.784 — Prescription Drug Discounts.
Section 325F.785 — Sales Of Hiv Home Collection Kits And Hypodermic Syringes And Needles.
Section 325F.79 — Definitions.
Section 325F.791 — Sales Of Dogs And Cats.
Section 325F.792 — Additional Penalties.
Section 325F.795 — Unauthorized Possession Of Merchandise Pallets.
Section 325F.80 — Retail Sales Of Consumer Goods; Refunds.
Section 325F.81 — Replica Firearms; Warning Label.
Section 325F.82 — Definitions.
Section 325F.83 — Regulation Of Automatic Garage Door Opening Systems.
Section 325F.84 — Definitions.
Section 325F.85 — Application Of Other Law.
Section 325F.86 — Disclosures.
Section 325F.87 — Form Requirements.
Section 325F.88 — Advertising.
Section 325F.90 — Lessee's Reinstatement Rights.
Section 325F.91 — Prohibited Practices.
Section 325F.92 — Lessor's Communications Concerning Lessee.
Section 325F.93 — Early Purchase Option.
Section 325F.94 — Claims And Defenses.
Section 325F.95 — Liability; Liability Damage Waiver.
Section 325F.96 — Exempted Transaction.
Section 325F.97 — Penalties And Remedies.
Section 325F.981 — Check Cashing Practices.
Section 325F.982 — Consumer Identification Information.
Section 325F.985 — Definitions.
Section 325F.986 — Exclusivity Agreements.
Section 325F.987 — Limitation On Actions.
Section 325F.988 — Nonapplication.
Section 325F.99 — Telephone Calls; Fees; Long-distance Carriers; Notice.
Section 325F.991 — 911 Emergency Phone Service Representations.
Section 325F.992 — Prohibition Of Assignment Of Military Pay Or Military Benefits.