House panel debates proposed exemptions to state's cadmium, lead ban

In 2023, Minnesota lawmakers tightened the state’s restrictions on products containing lead and cadmium that children are likely to encounter in their home due to the metals’ harmful health impacts.

The law prohibits a person or business from importing, manufacturing or selling products that contain lead and cadmium. It also means that artists in Minnesota can no longer buy cadmium paint and car keys containing lead or cadmium will be prohibited as of July 1 this year.

Rep. Bjorn Olson (R-Fairmont) is sponsoring HF737 to carve out an exemption for cadmium paint or pastels.

“We really need to ensure that western art culture continues in Minnesota. We’re the only government in the entire universe that doesn’t exempt it for this purpose,” Olson said.

The House Commerce Finance and Policy Committee approved the bill, as amended, Wednesday and sent it to the House Environment and Natural Resources Finance and Policy Committee.

The amendment adds exemptions for keys, ink pens and mechanical pencils containing lead used by engineers and architects and more specific professional artist materials. The committee also amended the bill to prohibit the sale of cadmium paint or pastels to people younger than 18.

Kirk Koudelka, assistant commissioner at the Pollution Control Agency, took issue with creating exemptions.

Cadmium is often used as a replacement for lead in products and even small amounts of either metal can cause health problems for children, he said. It’s not only about exposure to the metals, but also about safety for workers during production and disposal in landfills and wastewater treatment plants. The PCA wants to work with organizations to find safer alternatives for lead and cadmium in the products included in the 2023 law.

Representing key manufacturers, Dave Johnson said they don’t believe there’s commercially viable key alternatives currently in use or coming soon. If state law doesn’t change, he said all keys in the state will not be in compliance and all key sales in Minnesota will cease.

At Wet Paint Artists’ Materials and Framing in St. Paul, co-owner Darrin Rinne said artist paints and supplies account for 30% of their sales and they’re already feeling the financial impact of the ban on cadmium paint. They’re at risk of losing sales to competitors in other states who legally can supply it, he said.

“Lead and cadmium-based colors are essential tools on an artist’s palette. … Painters and instructors, our customers at Wet Paint, stake their livelihood on the availability of these colors,” Rinne said.