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House committee amends 2023 lead-and-cadmium ban to exempt professional art supplies and keys; bill sent to environment committee
Summary
The House Commerce, Finance and Policy Committee adopted two amendments to narrow parts of Minnesota's lead-and-cadmium consumer-product ban, adding exemptions and an 18-and-over restriction for cadmium artist paints. The bill, House File 737 as amended, was referred to the Environment, Finance and Policy Committee for further work.
Representative Bjorn Olsen brought House File 737 to the committee to narrow portions of Minnesota's 2023 law restricting lead and cadmium in consumer products, saying the statute unintentionally barred materials used by professional artists. "I cannot make my product any longer in the state of Minnesota," Olsen said, recounting a constituent who makes cadmium-based pastels.
The committee adopted an author's amendment (A2) that adds a set of exemptions for professional art supplies, writing instruments and other items stakeholders argued are not intended to expose children. Darren Rennie, co-owner of Wet Paint Artist Materials and Framing in St. Paul, told the panel that "Artist paint and associated supplies make up 30% of our annual sales" and said the store already feels the law's market impact.
Kirk Kudalka, assistant commissioner at the Minnesota Pollution Control Agency (MPCA), countered that the original law targeted products with historically high lead or cadmium and stressed the health risk: "No amount of lead is considered safe in children." He described state work to identify alternatives and urged careful implementation so that safer alternatives are adopted where feasible.
Industry and trade witnesses backed the narrower approach. Josh Fisher of the Alliance for Automotive Innovation said Minnesota's law had become more stringent than California or European Union standards and recommended adjustments for keys and key fobs: "Banning lead and cadmium in keys when there are no alternatives available in sufficient quantities, should not be a high priority since exposure risk for these items appears to be minimal." Bill Moran, legal counsel for the Art and Creative Materials Institute and the Writing Instrument Manufacturers Association, said studies relied on elsewhere found no measurable population-level risk from cadmium in professional artist materials and urged the amendment's adoption.
Dave Johnson, representing major U.S. key manufacturers, told the committee the existing statute "bans every blade style key and key fob in the state" and said commercially viable alternatives for many key components do not exist. He warned that without statutory change, either Minnesota key distribution would have to stop or products would remain out of compliance.
Members debated an additional A3 amendment offered by Representative Smith that would require purchasers of cadmium-based artist paints to be 18 or older. Rennie said such an age restriction would be practical for retail: "It doesn't make any difference. It's adults buying the paint." The committee adopted A3 by voice vote.
Representative Olsen said he had discussed the bill with MPCA staff and emphasized the stated goal of protecting children while preserving access for professional uses. After further discussion and an agreement to continue technical work in Environment, Finance and Policy, the committee referred House File 737 as amended to that committee.
Actions recorded on the bill were voice votes; the committee did not take recorded roll-call tallies during this session.
The committee kept open the path for additional agency consultation in the environment committee, and members noted enforcement under Minn. Stat. 325E.3892 remains with MPCA, Commerce or Health.
