Date by which manufacturers are required to submit information about products containing intentionally added PFAS modified, and use of PFAS in products as currently unavoidable uses clarified.

A bill for an act

relating to environment; modifying the date by which manufacturers are required

to submit information about products containing intentionally added PFAS;

clarifying the use of PFAS in certain products as currently unavoidable uses;

amending Minnesota Statutes 2024, section 116.943, subdivision 2; Minnesota

Statutes 2025 Supplement, section 116.943, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:

Subd. 2.

Information required.

(a)
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On or before January 1, 2026
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Beginning July 1,

2027
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, a manufacturer of a product
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manufactured on or after that date that is
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sold, offered

for sale, or distributed in the state that contains intentionally added PFAS must submit to

the commissioner information that includes:

(1) a brief description of the product, including a universal product code (UPC), stock

keeping unit (SKU), or other numeric code assigned to the product;

(2) the purpose for which PFAS are used in the product, including in any product

components;

(3) the amount of each PFAS, identified by its chemical abstracts service registry number,

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 the

commissioner;

(4) the name and address of the manufacturer and the name, address, and phone number

of a contact person for the manufacturer; and

(5) any additional information requested by the commissioner as necessary to implement

the requirements of this section.

(b) With the approval of the commissioner, a manufacturer may supply the information

required in paragraph (a) for a category or type of product rather than for each individual

product.

(c) A manufacturer must submit the information required under this subdivision whenever

a new product that contains intentionally added PFAS is sold, offered for sale, or distributed

in the state and update and revise the information whenever there is significant change in

the information or when requested to do so by the commissioner.

(d) A person may not sell, offer for sale, or distribute for sale in the state a product

containing intentionally added PFAS if the manufacturer has failed to provide the information

required under this subdivision and the person has received notification under subdivision

4.

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(e) This subdivision does not apply to a product listed under subdivision 5, paragraph

(f).

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

Minnesota Statutes 2025 Supplement, section 116.943, subdivision 5, is amended

to read:

Subd. 5.

Prohibitions.

(a) Beginning January 1, 2025, a person may not sell, offer for

sale, or distribute for sale in this state the following products if the product contains

intentionally added PFAS:

(1) carpets or rugs;

(2) cleaning products;

(3) cookware;

(4) cosmetics;

(5) dental floss;

(6) fabric treatments;

(7) juvenile products;

(8) menstruation products;

(9) textile furnishings;

(10) ski wax; or

(11) upholstered furniture.

(b) Paragraph (a) does not prohibit the sale, offer for sale, or distribution for sale of a

product that contains intentionally added PFAS only in electronic components or internal

components.

(c) The commissioner may by rule identify additional products by category or use that

may not be sold, offered for sale, or distributed for sale in this state if they contain

intentionally added PFAS and designate effective dates. A prohibition adopted under this

paragraph must be effective no earlier than January 1, 2025, and no later than January 1,

2032. The commissioner must prioritize the prohibition of the sale of product categories

that, in the commissioner's judgment, are most likely to contaminate or harm the state's

environment and natural resources if they contain intentionally added PFAS.

(d) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for

sale in this state any product that contains intentionally added PFAS, unless the commissioner

has determined by rule that the use of PFAS in the product is a currently unavoidable use
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or the product is listed under paragraph (f)
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. The commissioner may specify specific products

or product categories for which the commissioner has determined the use of PFAS is a

currently unavoidable use. The commissioner may not determine that the use of PFAS in a

product is a currently unavoidable use if the product is listed in paragraph (a).

(e) The commissioner may not take action under paragraph (c) or (d) with respect to a

pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming material, a plant

amendment, or a soil amendment as defined under chapter 18C, unless the commissioner

of agriculture approves the action.

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(f) The use of PFAS in the following products is a currently unavoidable use of PFAS:

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(1) cooling, heating, ventilation, air-conditioning, or refrigeration equipment that contains

intentionally added PFAS or refrigerants listed as acceptable, acceptable subject to use

conditions, or acceptable subject to narrowed use limits by the United States Environmental

Protection Agency pursuant to the Significant New Alternatives Policy Program, Code of

Federal Regulations, title 40, part 82, subpart G, and sold, offered for sale, or distributed

for sale for the use for which the refrigerant is listed pursuant to that program;

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(2) a veterinary product for use in or on animals, including diagnostic equipment or test

kits and the veterinary product's components, and any product that is a veterinary medical

device, drug, biologic, or parasiticide or that is otherwise used in a veterinary medical setting

or in veterinary medical applications that are regulated by or under the jurisdiction of:

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(i) the United States Food and Drug Administration;

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(ii) the United States Department of Agriculture, pursuant to the federal

Virus-Serum-Toxin Act; or

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(iii) the United States Environmental Protection Agency, pursuant to the Federal

Insecticide, Fungicide, and Rodenticide Act, excluding any products approved by the United

States Environmental Protection Agency pursuant to that law for aerial and land application;

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(3) a product developed or manufactured for the purpose of public health, environmental,

or water-quality testing;

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(4) a product required to meet standards or requirements of the United States Department

of Transportation, Federal Aviation Administration, the National Aeronautics and Space

Administration, the United States Department of Defense, or the United States Department

of Homeland Security;

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(5) a motor vehicle or motor vehicle equipment regulated under a federal motor vehicle

safety standard, as defined in United States Code, title 49, section 30102(a)(10), and any

other motor vehicle, including an off-highway vehicle or a specialty motor vehicle, such as

an all-terrain vehicle, a side-by-side vehicle, farm equipment, or a personal assistive mobility

device;

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(6) a watercraft, an aircraft, a lighter-than-air aircraft, or a seaplane;

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(7) a semiconductor, including semiconductors incorporated in electronic equipment,

and materials used in the manufacture of semiconductors;

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(8) nonconsumer electronics and nonconsumer laboratory equipment not ordinarily used

for personal, family, or household purposes;

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(9) a product that contains intentionally added PFAS with uses that are currently listed

as acceptable, acceptable subject to use conditions, or acceptable subject to narrowed use

limits in the United States Environmental Protection Agency's rules under the Significant

New Alternatives Policy Program if the product contains PFAS that are being used as

substitutes for ozone-depleting substances under the conditions specified in the federal rules;

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(10) a product used for generating, distributing, or storing electricity;

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(11) a product that contains fluoropolymers consisting of polymeric substances for which

the backbone of the polymer is either a perfluorinated or polyfluorinated carbon-only

backbone or a perfluorinated polyether backbone and that are solid at standard temperature

and pressure;

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(12) a product that contains intentionally added PFAS in electronic components or

internal components and enclosures of such components;

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(13) a manufactured good composed of 100 or more manufactured components with an

intended useful life of five or more years when the product is typically not consumed,

destroyed, or discarded after a single use;

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(14) an electronic or mechanical device composed of multiple manufactured components

with an intended useful life of three or more years when the product is typically not

consumed, destroyed, or discarded after a single use and the components of which would

be impracticable to redesign or replace;

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(15) a product component of an item described in clause (13) or (14); and

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(16) equipment, parts, components, or materials directly used in the manufacture,

development, servicing, or maintenance of the products described in clauses (1) to (15).

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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