HF4761

Purpose

• Establish Minnesota rules to limit exposure to PFAS (perfluoroalkyl and polyfluoroalkyl substances) in consumer and industrial products, with phased prohibitions and reporting requirements. The bill also designates lead agency roles for PFAS in fertilizer and sets enforcement standards, while maintaining certain exemptions for agriculture.

Main Provisions

• PFAS information and registration requirements for pesticides and related products:
  • Experimental use pesticide registrations must include specific PFAS-related information, including the PFAS ingredients, chemical structure, analytical methods, and the names/contact information of cooperators.
  • The bill allows information waivers or extensions if substantially equivalent information is publicly available; allows joint data sharing with other states; and permits using information already collected in other registrations.
• Information sharing and waiver mechanisms:
  • The commissioner can waive all or part of information requirements if publicly available data exist; can enter multi-state agreements to share information; can extend deadlines for submission.
• Prohibitions on PFAS in products:
  • Beginning January 1, 2025, it becomes unlawful to sell or distribute in Minnesota products that contain intentionally added PFAS in listed categories, including carpets, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture.
  • An exception allows sale of products with PFAS if PFAS is present only in electronic components or internal components.
  • The commissioner may add more categories by rule, prioritizing products most likely to pollute the environment.
  • Beginning January 1, 2032, a broader prohibition applies: no sale or distribution of products with intentionally added PFAS unless the use is deemed a “currently unavoidable use.” The commissioner may specify products or categories for which this applies.
  • Prohibitions do not apply to pesticides, fertilizers, agricultural liming materials, plant or soil amendments, or farm equipment unless the agriculture commissioner approves the action.
• Enforcement and compliance:
  • The commissioner can enforce these provisions and may coordinate with the commissioners of agriculture, commerce, and health; requests for information can be made to demonstrate compliance.
• Exemptions:
  • The section does not apply to products governed by federal PFAS regulations, certain regulated products, used products, pesticides, fertilizers, farm equipment, or other agricultural products.
  • Prosthetic/orthotic devices, medical devices, drugs, or medical applications regulated by the FDA are exempt from certain provisions.
• Repeals and statutory updates:
  • The bill repeals several older PFAS-related definitions and sections (from 2024 statutes) and replaces them with new definitions and authorities in the 2024-2025 statutory framework.
  • The Department of Agriculture is designated lead for regulation of fertilizer containing PFAS; data-sharing provisions are included to avoid duplication of data submissions between agencies.

Implementation Timeline and Key Triggers

• 2025: Prohibition on sale/distribution of products with intentionally added PFAS in the listed categories (subject to an electronic-component exception and future rulemaking to add categories); enforcement begins.
• 2026: Annual PFAS notification requirements for product manufacturers (whether no PFAS or details about PFAS used, including amount and chemical identifiers). The lead agency framework and waivers/extensions come into play.
• 2032: Broad prohibition becomes effective unless the commissioner determines a “currently unavoidable use” exists for a given PFAS use; the commissioner can identify specific products or categories where PFAS use is considered currently unavoidable.
• Ongoing: The commissioner can add categories by rule, and enforcement coordination with other state agencies continues.

Exemptions and Special Provisions

• Agricultural exemptions: farm equipment and other agricultural products are exempted from certain PFAS prohibition provisions; a number of agricultural-related products are not subject to the PFAS prohibitions in the same way as consumer goods.
• Medical and regulatory exemptions: prosthetic/orthotic devices and medical devices or drugs used in medical settings are exempt from some provisions; products regulated by federal PFAS rules or used products may also be exempt.
• Pesticides and fertilizers: PFAS actions on pesticides and fertilizers require approval from the agriculture commissioner and are subject to separate regulatory frameworks under chapters 18B and 18C.

Enforcement and Agency Roles

• Primary enforcement by the state environmental commissioner, with coordination across agriculture, commerce, and health departments.
• The Department of Agriculture becomes the lead agency for fertilizer PFAS matters, ensuring consistent handling of PFAS in fertilizers and related products.

Significant Changes to Existing Law

• Shifts emphasis from broad, preemptive PFAS regulation to a phased, category-by-category approach with an explicit “currently unavoidable use” standard by 2032.
• Introduces formal PFAS information disclosure requirements for product manufacturers starting around 2026.
• Expands interagency data-sharing and collaboration to avoid duplicative reporting and to streamline enforcement.
• Establishes dedicated lead responsibility for PFAS in fertilizers, clarifying regulatory authority between environmental and agricultural agencies.
• Repeals certain older PFAS provisions and redefines PFAS terms and enforcement rules within a newer framework.

Relevant terms - PFAS, Perfluoroalkyl and polyfluoroalkyl substances, intentionally added PFAS, currently unavoidable use, prohibition, prohibitions by category, electronic components, agricultural exemptions, pesticide, fertilizer, 18B (pesticides) and 18C (agriculture) regulatory chapters, lead state agency for fertilizer PFAS, information requirements, waivers and extensions, enforcement, coordination among state agencies, experimental use pesticide registration, rulemaking, and environmental protection.