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October 3, 2024

Minnesota Posts Q&As from July 2024 Webinars on PFAS in Products Law; Leaders Mark 100 Days until Law Takes Effect

Lynn L. Bergeson Carla N. Hutton

The Minnesota Pollution Control Agency (MPCA) held two public webinars in July 2024 to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032. MPCA has posted its presentations, recordings of the webinars, and written responses to questions received during the webinars. The questions and answers (Q&A) note that the written responses “are advisory as of September 12, 2024,” and that MPCA’s final rules and final interpretation of the law may differ.

  • Progress on PFAS rule development, July 18, 2024: MPCA provided information on rulemaking topics, including fees, reporting requirements, and currently unavoidable use (CUU) determinations; and
  • Information on 2025 PFAS prohibitions for retailers and manufacturers, July 25, 2024: MPCA discussed how the 2025 PFAS in products prohibitions will affect retailers and manufacturers starting January 1, 2025, when 11 categories of consumer products must be free of intentionally added PFAS. The product categories are carpets and rugs; cleaning products; cookware; cosmetics; dental floss; fabric treatments; children’s products (designed for infants and children under age 12, except electronics); menstruation products; textile furnishings; ski wax; and upholstered furniture.

On September 23, 2024, MPCA marked 100 days until the January 1, 2025, prohibition takes effect and posted a video featuring representatives from three Minnesota-based companies “discuss[ing] the value they have found in making products without PFAS.” MPCA states that, ahead of the January 1, 2025, deadline, Minnesotans should know that:

  • The PFAS law applies to in-person and online sales of new products and not the continued use of products Minnesotans already own;
  • Product shortages are not expected. MPCA notes that “[c]onsumers may see changes to inventory or product performance,” however; and
  • Manufacturers and retailers with questions are encouraged to visit the MPCA’s PFAS use prohibitions web page and contact MPCA with questions about requirements in these 11 categories.

The final stage of the law will take effect in 2032 when nonessential use of PFAS in other products will end. Details of that phase are being informed through a public rulemaking process.