Lead Poisoning Prevention - Laws and Rules - EH: Minnesota Department of Health

Lead Laws and Rules

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Rulemaking Activity

Minnesota Statutes

Minnesota Statutes 144.9501-144.9512 (also known as The Minnesota Lead Poisoning Prevention Act) were enacted to prevent and reduce lead exposure to children, and pregnant people from the adverse health effects caused by elevated blood lead levels.

On April 16, 2014, a Finding of the Commissioner of Health changed the definition of an elevated blood lead level under Minnesota Statute 144.9501. A blood lead level of 5 micrograms of lead per deciliter of whole blood (mcg/dL) is now considered elevated.

Additional changes and language were added to the Childhood Lead Poisoning Prevention Act, effective as of July 1, 2021. The changes lower the EBLL that triggers an in-home assessment to 5 mcg/dL for children up to the age of 18 and pregnant people. It also broadens the type of properties where lead risk assessment can be conducted and expand the department or an assessing agency's authority to order a responsible party to perform lead hazard reductions. An information sheet of the 2021 Changes to the Childhood Lead Poisoning Prevention Act (PDF) is available to view.

144.9501 Definitions.
144.9502 Lead surveillance and the occurrence of lead in the environment.
144.9503 Primary prevention.
144.9504 Secondary prevention.
144.9505 Licensing of lead firms and professionals.
144.9507 Lead-related funding.
144.9508 Rules.
144.9509 Enforcement.
144.9512 Lead abatement program.

Additionally, the Minnesota Legislature has prohibited the sale of items containing lead, particularly jewelry.

325E.389 Items containing lead prohibited.

The Minnesota Legislature also directed that all contractors working in pre-1978 residences have the proper EPA certification before being issued a building permit:

326B.106 Lead certification.

The Minnesota Legislature also has outlined the rights of both tenants and landlords with regards to lead in housing with the following statutes:

504B.285 Eviction actions; grounds; retaliation defense; combined allegations.
504B.441 Residential tenant may not be penalized for complaint.

Minnesota Administrative Rules

The Lead Poisoning Prevention Act authorizes the adoption of lead rules to —

  • set standards for the lead content of paint, dust, drinking water and bare soil and establish methods for sampling and analyzing these components;
  • establish methods for lead hazard reduction;
  • establish licensing of persons who perform regulated lead work; and
  • establish permit requirements for training courses.
4761.2000 Definitions.
4761.2100 Applicability.
4761.2200 Certified lead firms.
4761.2220 Qualified individuals; required methods and supervision.
4761.2240 Lead worker license.
4761.2260 Lead supervisor license.
4761.2280 Lead inspector license.
4761.2300 Lead risk assessor license.
4761.2320 Lead project designer license.
4761.2370 Training course permits.
4761.2380 Required training course personnel; duties.
4761.2400 Training course provider requirements and duties.
4761.2420 Training course requirements.
4761.2440 Course content and length.
4761.2460 Independent testing organizations; permits.
4761.2480 Independent testing organization requirements.
4761.2510 Standards for lead in paint, dust, bare soil, drinking water.
4761.2540 Bare soil analyses within an urban census tract.
4761.2550 Lead hazard screen.
4761.2560 Lead inspection.
4761.2570 Lead risk assessment.
4761.2580 Lead hazard reduction notification.
4761.2590 Amending notifications.
4761.2600 Emergency project notice.
4761.2610 Project records.
4761.2615 Occupant protection plan and warning signs.
4761.2620 Prohibited practices for lead hazard reduction.
4761.2625 Abrasive and water blasting methods for lead hazard reduction.
4761.2630 Methods for removing intact building components.
4761.2640 Methods for removing interior building components and small areas of deteriorated paint.
4761.2645 Methods for removing large areas of interior paint.
4761.2650 Methods for removing large areas of exterior paint.
4761.2655 Encapsulation of lead-based paint.
4761.2660 Methods for lead hazard reduction for soil.
4761.2665 Storage of lead-contaminated debris.
4761.2670 Clearance inspections.
4761.2680 Content of reports.
4761.2690 Enforcement.
4761.2700 Variances.

Federal Regulations

Residential Lead-Based Paint Disclosure Program (Section 1018 of Title X)

In order to educate families about potential lead hazards in older housing, HUD and EPA worked together to develop disclosure requirements for sales and leases of older housing. These requirements became effective in 1996.

Renovation, Repair and Painting (RRP) Rule (TSCA 406(b))

In addition to informing property owners of the potential lead hazards created by renovation activities in older housing, renovators are required to follow EPA developed work practice standards to minimize the generation of lead hazards in residences. The rule became effective on April 22, 2010.

Updated Wednesday, 12-Jan-2022 09:59:08 CST