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Warning called ‘overreach’ (vetoed)

Published (5/15/2009)
By Lee Ann Schutz
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One man’s efforts toward consumers understanding the potential danger of a certain mulch met Gov. Tim Pawlenty’s veto pen May 8.

After it was determined that Terry Hall’s chocolate Labrador retriever died from ingesting cocoa bean shell mulch, Hall began his campaign of consumer awareness. This resulted in a bill, sponsored by Rep. Frank Hornstein (DFL-Mpls) and Sen. D. Scott Dibble (DFL-Mpls) that would require a posted notice wherever the product is sold warning that ingestion of the mulch could be poisonous to pets.

In his veto message, Pawlenty called the bill “an example of legislative overreach.” He cited research showing few incidents of cocoa bean mulch ingestion incidents and wrote that many items are harmful to pets, and retailers are not generally required to post warnings at the point of purchase for those products.

“A better approach would be to require manufacturers to post warning labels on the products themselves, where necessary and appropriate,” Pawlenty wrote. He also added that the bill language is not clear regarding the extent a business would be liable for not properly displaying the warning sign.

HF1306/SF122*/CH47

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