Minnesota Signs PFAS Bill into Law

As part of an Environmental Omnibus (HF2310), Minnesota has enacted requirements for products containing per- and poly- fluoroalkyl substances (PFAS) known as “Amara’s Law.” The requirements include a prohibition of certain products containing intentionally added PFAS, as defined in the law, as well as reporting requirements.

Prohibition

As of January 1, 2025, the below products cannot be sold, offered for sale or distributed in Minnesota if they contain intentionally added PFAS.

• carpets or rugs;	• juvenile products;
• cleaning products;	• menstruation products;
• cookware;	• textile furnishings;
• cosmetics;	• ski wax;
• dental floss;	• upholstered furniture.
• fabric treatments;

Additional products and categories can be named or prioritized for prohibition with effective dates after January 1, 2025, but before 2032.

On January 1, 2032, no product with intentionally added PFAS may be sold, offered for sale or distributed unless determined by commission rule that the use of PFAS in the product is a currently unavoidable use.

Specific products listed above may not be determined to have PFAS that is a currently unavoidable use.

Reporting

As of January 1, 2026, the below information must be submitted to the state of Minnesota for products which contain intentionally added PFAS that are sold, offered for sale, or distributed in the state. The manufacturer, as defined by the law, is responsible for this reporting.

• brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
• purpose of PFAS being used in the product, including in any product components;
• the amount of each PFAS in the product,
o PFAS to be identified by its chemical abstracts service registry number,
o Reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
• 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.

If approved by the commissioner, a manufacturer may provide the information by category or type of product rather than for each individual product.

Clauses for reporting waivers and extensions may be considered by the commissioner.

Enforcement - Testing and Certificate of Compliance

If the commissioner has reason to believe a product has intentionally added PFAS, they may request information be provided by the manufacturer such as certificate stating that no intentionally added PFAS is present with test results or other supporting evidence. This information must be provided within 30 days of the inquiry.

If product is found to have PFAS, the test results and additional reporting information must be submitted to the commission. The manufacturer must inform persons selling or offering products for sale that it is prohibited.

Definitions

"Manufacturer" - the person that creates or produces a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

"Currently unavoidable use" - a use of PFAS that the commissioner has determined by rule to be essential for health, safety, or the functioning of society and for which alternatives are not reasonably available.

"Intentionally added" - PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function.

"Perfluoroalkyl and polyfluoroalkyl substances" (PFAS) - a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Link to the Act (Sec. 21. [116.943] PRODUCTS CONTAINING PFAS.):
https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/60/

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Minnesota Signs PFAS Bill into Law

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