Minnesota Will Require Manufacturers to Report Intentionally Added PFAS and Will Ban Intentionally Added PFAS in Certain Product Categories Beginning January 1, 2025
Under H.F. 2310, signed into law by Governor Tim Walz (D) as part of the One Minnesota Budget on May 24, 2023, on or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in Minnesota that contains intentionally added per- and polyfluoroalkyl substances (PFAS) must submit to the Minnesota Pollution Control Agency (MPCA) information that includes:
- A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
- The purpose for which PFAS are used in the product, including in any product components;
- The amount of each PFAS, identified by its Chemical Abstracts Service Registry Number® (CAS®), in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by MPCA;
- The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
- Any additional information requested by the commissioner as necessary to implement the requirements of this section.
A person may not sell, offer for sale, or distribute for sale in Minnesota a product containing intentionally added PFAS if the manufacturer has failed to provide the information required and the person has received notification.
Beginning January 1, 2025, a person may not sell, offer for sale, or distribute for sale in Minnesota the following products if the product contains intentionally added PFAS:
- Carpets or rugs;
- Cleaning products;
- Dental floss;
- Fabric treatments;
- Juvenile products;
- Menstruation products;
- Textile furnishings;
- Ski wax; or
- Upholstered furniture.
MPCA may by rule identify additional products by category or use that may not be sold, offered for sale, or distributed for sale in Minnesota if they contain intentionally added PFAS and designate effective dates. A prohibition must be effective no earlier than January 1, 2025, and no later than January 1, 2032. MPCA must prioritize the prohibition of the sale of product categories that are most likely to contaminate or harm Minnesota’s environment and natural resources if they contain intentionally added PFAS.
Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in Minnesota any product that contains intentionally added PFAS, unless MPCA has determined by rule that the use of PFAS in the product is a currently unavoidable use. MPCA may specify specific products or product categories for which it has determined the use of PFAS is a currently unavoidable use. MPCA may not determine that the use of PFAS in a product is a currently unavoidable use if the product is listed in one of the categories above.