HF1627

Purpose

• To modify PFAS-related rules in Minnesota, including postponing some prohibitions, updating PFAS reporting requirements, and adjusting rules around certain lead-containing products and PFAS-containing firefighting foam at airport hangars. The bill also makes targeted changes to how PFAS information is defined and collected, and narrows or expands exemptions for specific product types and medical devices.

Main Provisions (What the bill seeks to accomplish)

• PFAS definitions and product categories: Establishes and clarifies terms used to regulate PFAS in consumer and industrial products, including categories such as adult mattresses, air care products, automotive maintenance products, cleaning products, cookware, cosmetics, juvenile products, ski wax, textiles, textile furnishings, and upholstered furniture. It also defines related terms like “intentionally added” PFAS, “currently unavoidable use,” and “product component.”
• PFAS reporting requirements: Requires manufacturers to report information about intentionally added PFAS in products sold or distributed in Minnesota. Key details to be reported include product identifiers (SKU or similar), the purpose of PFAS use, a brief product description, the specific PFAS chemicals by CAS number, the exact quantity or a Commissioner-approved range, and manufacturer/contact information. Reporting can be done for categories of products with Commissioner approval, and must be updated when new PFAS-containing products are introduced or when significant changes occur.
• Timing for reporting: Sets a deadline for reporting on or before January 1, 2026 or 2028 (the text shows both dates, indicating a potential phased or revised timeline).
• Exemptions and special cases: Specifies exemptions where the PFAS provisions do not apply, including products governed by federal PFAS rules with preemption, certain sections of other state law, or the resale of used products. Also states that prosthetic/orthotic devices, medical devices or drugs, and products used in medical settings are not subject to the same prohibitions, with electronic/internal components exempt from prohibitions until January 1, 2032.
• Delays and allowances: Indicates that some prohibitions—such as certain lead-containing products and PFAS-containing firefighting foam used at airport hangars—are delayed, and that exemptions apply in specific contexts. The detailed treatment of these delays is not fully spelled out in the provided text excerpt.
• Compliance consequences: Prohibits selling or distributing in the state a product containing intentionally added PFAS if the required information has not been provided, once appropriate notification or rules are in place.

Notable Definitions and Terms (highlights)

• PFAS: Per- and polyfluoroalkyl substances; a class of fluorinated organic chemicals.
• Intentionally added PFAS: PFAS deliberately added during manufacture for a specific function.
• Currently unavoidable use: PFAS determined by rule to be essential for health, safety, or functioning of society with no reasonable alternatives.
• Product categories and terms: adult mattress, air care product, automotive maintenance product, cleaning product, cookware, cosmetic, juvenile product, ski wax, textile, textile furnishings, upholstered furniture.
• Key stakeholders: Manufacturer, commissioner (of the Pollution Control Agency).
• Reporting components: SKU or other product code, use purpose, product description, PFAS by CAS number, exact quantity or approved range, manufacturer contact details.
• Medical-related exemptions: Prosthetic/orthotic devices and other medical devices or drugs are exempt from some prohibitions.

How this Changes Current Law

• Adds explicit reporting requirements for PFAS in products sold in Minnesota, including new data fields and the possibility to report by product category.
• Expands definitions surrounding PFAS and related product classifications, potentially broadening or clarifying what must be considered a PFAS-containing product.
• Introduces specific exemptions and temporary relief for certain products and contexts (e.g., medical devices, electronic components, used products).
• Creates a framework for potential delays in certain prohibitions (lead-containing products; PFAS-containing firefighting foam at airport hangars), signaling a shift in enforcement timing.

Practical Implications for Consumers and Industry

• Manufacturers will need to collect and submit PFAS-related data for products sold in Minnesota, potentially enabling regulators to track PFAS use more closely.
• Retailers and distributors must monitor product compliance to avoid selling products that contain intentionally added PFAS without the required reporting.
• Some products, especially certain medical devices and electronic components, may face different regulatory timelines or exemptions than other consumer products.
• The delayed prohibitions mean that some PFAS-related restrictions might not take effect immediately, depending on final rulemaking and timing.

Summary of Significant Changes to Law (as reflected by this bill)

• Replaces or augments current PFAS reporting with a formal, data-driven reporting scheme requiring specific product identifiers, PFAS chemicals, quantities, and contact information.
• Introduces broad product category definitions and “intentionally added PFAS” criteria to guide enforcement.
• Creates exemptions for medical devices, certain electronic components, and used products, and introduces a long-term exemption for internal components through 2032.
• Signals a postponement of some prohibitions (lead-containing products and PFAS-containing firefighting foam at airport hangars) and the potential for regulated delays in certain areas.

Relevant Terms PFAS perfluoroalkyl and polyfluoroalkyl substances intentionally added PFAS currently unavoidable use PFAS reporting manufacturer commissioner product component SKU universal product code (UPC) category reporting adult mattress air care product automotive maintenance product cleaning product cookware cosmetic juvenile product ski wax textile textile furnishings upholstered furniture prosthetic device orthotic device medical device electronic component phosphates lead-containing products firefighting foam at airport hangars Minnesota Statutes 2024 section 116.943 resale of used products