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Committee lays over bill to exempt cadmium artist paints; MPCA and manufacturers differ on keys and writing instruments
Summary
Representative Olson presented House File 737 to exempt certain artistic uses of cadmium paint from a 2023 product restriction. Testimony from the Minnesota Pollution Control Agency, art suppliers and industry groups produced disagreement about scope and feasible alternatives; the committee adopted an author's amendment and laid the bill over for
Representative Olson presented House File 737 to the House Environment, Natural Resources Policy and Finance Committee, seeking exemptions for certain artistic materials and other narrowly defined products from a 2023 statewide restriction on products containing lead and cadmium.
Advocates for artists and local retailers told the committee the law unintentionally eliminated commonly used professional cadmium pigments and is harming Minnesota-based businesses. "Cadmium pigment, mainly found in oil, acrylic, and some watercolor paints, is a standard color on an artist's palette," said Scott Fairs, co-owner of WetPaint Art Supply in St. Paul, explaining why true cadmium colors are distinct from less expensive "cadmium hue" alternatives.
The Minnesota Pollution Control Agency (MPCA) said it is willing to continue technical work with the arts and industry to craft a narrow exemption, but expressed concern about potential exposures and noted testing complexity for other covered products. Tom Johnson, government relations director for the MPCA, told the committee the agency stands by portions of a prior MPCA report that recommended limited extensions (for certain writing instruments and key fobs) rather than broad exemptions, but that the agency is open to defining narrow artist-material exceptions after further work.
Industry witnesses raised concerns about other provisions in the statute. An attorney representing key manufacturers and distributors said the 2023 law effectively bans most blade-style keys sold in Minnesota because brass key blanks contain lead in the core material and there are limited feasible alternatives. "The law passed in 2023, in effect, bans every blade style key and key fob in the state," testified Dave Johnson, who represents manufacturers that produce a large share of U.S. keys.
Committee action and amendment The author's A4 amendment was offered and adopted by voice vote; Representative Olson said the amendment narrows the bill to preserve exemptions for some writing instruments and mechanical pencils while removing or revising other contested items (the committee removed a separate set of key-related changes from this vehicle). After discussion the committee laid House File 737, as amended, over for possible inclusion in a future omnibus bill.
Why it matters Supporters told lawmakers the prohibition has driven some artists to purchase pigments out of state and is affecting small specialty retailers. WetPaint's owners said shoppers now order from out-of-state suppliers or travel across the border to obtain professional cadmium pigments, costing in-state sales. The MPCA and public-health witnesses said available toxicology and European regulatory reviews indicate encapsulated cadmium pigments in artist paints have low bioaccessibility and that any exemption should be narrowly drawn and based on evidence.
Follow-up and next steps MPCA staff said they will continue discussions with industry groups, the Arts and Craft Materials Institute, and other stakeholders to refine the bill language. Committee members asked for additional information on testing methodologies, lead-free key options, and the policy tradeoffs between public-health protection and preserving access to professional art materials.
