Minnesota signs PFAS restriction order

Minnesota restricts PFAS

Minnesota signs PFAS restriction

As part of the comprehensive environmental bill (HF2310), Minnesota has established requirements for products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), known as “Amara’s Law”. These requirements include prohibitions on certain products intentionally containing PFAS, as well as reporting requirements.

I. Prohibitions

(a) Beginning January 1, 2025, the following products, if intentionally containing PFAS, may not be sold, offered for sale, or distributed in Minnesota:

(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) If a product contains intentionally added PFAS, the commissioner may, by rule, identify other products by category or use that may not be sold, offered for sale, or distributed in the state and specify effective dates. The prohibition established under this paragraph must take effect no earlier than January 1, 2025, and no later than January 1, 2032. The commissioner must prioritize prohibiting the sale of product categories that, in the commissioner’s determination, are most likely to pollute or harm the state’s environment and natural resources if they contain intentionally added PFAS.

(c) Beginning January 1, 2032, no person may sell, offer for sale, or distribute in the state any product containing intentionally added PFAS, unless the commissioner has determined through rulemaking that the use of PFAS in the product is currently unavoidable.

II. Reporting

Beginning January 1, 2026, for products containing intentionally added PFAS sold, offered for sale, or distributed in Minnesota, the following information must be submitted to Minnesota. The manufacturer is responsible for the report as required by law.

• Brief description of the product, including the universal product code (UPC), stock keeping unit (SKU), or other numerical codes assigned to the product;

•  The purpose of PFAS use in the product, including in any product components;

•  The content of each PFAS in the product;

o   PFAS must be identified by their Chemical Abstracts Service registry numbers;

o   Reported in exact quantification determined by commercially available analytical methods or in a reporting format approved by the Commissioner;

•  Name and address of the manufacturer and the name, address, and telephone number of the manufacturer’s contact person; and any additional information required by the Commissioner to carry out the requirement.

If approved by the Commissioner, manufacturers may provide information by product category or type rather than by each individual product. The Commission will consider provisions for waivers and delayed reporting.

III. Implementation Testing and Certification of Compliance

If the Commissioner has reason to believe that PFAS has been intentionally added to a product, they may require the manufacturer to provide information such as a certificate of non-intentional addition of PFAS, as well as test results or other supporting evidence. This information must be provided within 30 days of the investigation.

If a product is found to contain PFAS, test results and additional reporting information must be submitted to the Commission. Manufacturers must inform sales or persons who offer for sale to cease using the product.

IV. Definitions

“Manufacturer”: The person who creates or produces a product or who affixes its brand name to the product. In the case of products imported into the United States, if the person who manufactures or assembles the product or affixes its brand name to the product does not exist in the United States, then the manufacturer includes the importer of the product or the domestic first distributor.

“Currently unavoidable use”: Refers to the use of PFAS that the Commissioner determines is critical to health, safety, or essential societal functioning and is unable to reasonably obtain a substitute.

“Intentional addition”: The addition of PFAS intentionally during the production of a product, where PFAS continues to exist in the final product or a component of the product to perform a specific function.

“Per- and polyfluoroalkyl substances” (PFAS): A class of fluorinated organic chemicals that contain at least one perfluorinated carbon atom.

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