SF2164

Purpose

This bill would modify Minnesota’s PFAS (perfluoroalkyl and polyfluoroalkyl substances) framework by changing definitions and adding a formal information reporting requirement for products containing PFAS. The aim is to provide greater transparency about PFAS used in a wide range of consumer, commercial, and industrial products and to enforce reporting as a condition of selling those products in the state.

Key Definitions Added or Amended

• PFAS: class of fluorinated organic chemicals with at least one fully fluorinated carbon atom.
• Product: any item manufactured, assembled, packaged, or prepared for sale, including its components.
• Product component: any identifiable part of a product.
• Intentionally added PFAS: PFAS deliberately added during manufacture to perform a function and remain in the final product.
• Currently unavoidable use: PFAS use determined by rule to be essential for health, safety, or functioning of society with no reasonable alternatives.
• Adult mattress: mattress designed for adults (not crib or toddler mattresses).
• Juvenile product: products designed or marketed for infants or children under 12 (with many specific items listed).
• Textile and textile furnishings: fabrics and textile items used in households or businesses (e.g., upholstery, bedding, towels, draperies).
• Upholstered furniture: furniture intended for sitting or reclining that is stuffed or filled.
• Air care product, automotive maintenance product, cleaning product, cosmetic, cookware, ski wax, fabric treatment: defined categories of consumer or industrial products with specific intended uses.
• Manufacturer: the entity that creates or brands the product; for imported products, the importer or first domestic distributor can be treated as the manufacturer if the original manufacturer isn’t present in the U.S.

Main Provisions

• Reporting requirement for PFAS in products:
  • By January 1, 2026 (and 2028 under the bill’s provisions), manufacturers of products sold or distributed in Minnesota that contain intentionally added PFAS must report to the commissioner.
  • Required information includes:
  • Brief product description and a numeric code (UPC/SKU or similar).
  • The purpose for which PFAS are used in the product (including lines for any PFAS in product components).
  • The exact amount of each PFAS identified by its CAS registry number, reported as a precise quantity or as a commissioner-approved range.
  • Manufacturer name, address, and contact person’s name, address, and phone number.
  • Any additional information the commissioner requests to implement the reporting requirements.
• Reporting flexibility by category:
  • With the commissioner’s approval, a manufacturer may report information for a category or type of product rather than every individual product.
• Ongoing updates:
  • Manufacturers must report new PFAS-containing products and update information if there are significant changes, or when the commissioner requests updates.
• Enforcement:
  • A product containing intentionally added PFAS may not be sold, offered for sale, or distributed if the required information has not been provided and the manufacturer has received notification requesting it.
• Scope expansion:
  • The bill broadens and clarifies what qualifies as a “product” and a “product component,” and it explicitly defines terms to ensure coverage of many consumer and industrial items (e.g., juvenile products, textile furnishings, upholstered furniture, cookware, ski wax).

Significant Changes to Existing Law

• Expanded definitions to cover a wide range of products and components, including many household and industrial items, under the PFAS regulatory framework.
• Introduction of a formal PFAS reporting regime requiring specific data about PFAS in products and how they are used.
• Mechanisms to enforce compliance by tying sale/distribution in Minnesota to the provision of PFAS information.
• Inclusion of “currently unavoidable use” as a potential exception category, acknowledging essential PFAS uses while still regulating reporting.
• Optional grouping by product category for reporting to reduce burden, with commissioner approval.

Enforcement and Compliance Implications

• Manufacturers must establish reporting processes and keep records to supply the required data to the Pollution Control Agency.
• Failure to provide required PFAS information can block sales or distribution of the affected products in Minnesota.
• Ongoing updates mean compliance is not a one-time requirement; manufacturers must monitor product formulations and respond to changes.

Potential Impacts

• Increased transparency about PFAS content in a broad set of products sold in Minnesota.
• Higher compliance costs for manufacturers due to data collection, reporting, and ongoing updates.
• Greater ability for the state to track and regulate PFAS usage in consumer and industrial goods.

Relevant Terms PFAS; perfluoroalkyl and polyfluoroalkyl substances; PFAS restrictions; Minnesota Statutes 2024 section 116.943; commissioner (of the Pollution Control Agency); product; product component; intentionally added PFAS; currently unavoidable use; UPC; SKU; CAS registry number; adult mattress; juvenile product; air care product; automotive maintenance product; cleaning product; cosmetic; textiles; textile furnishings; upholstered furniture; fabric treatment; ski wax; cookware; manufacturing; reporting requirements; category/type reporting; updat e; prohibition on sale without information.