SF4758

Purpose

• To exempt agricultural products and equipment from certain PFAS-related regulations, while updating and tightening PFAS rules for other products, including pesticides, fertilizers, and consumer goods. It also reorganizes reporting requirements and repeals several existing PFAS statutes.

Main Provisions

• Exemption for agriculture

  • Agricultural products used in farming, farm equipment, and related agricultural items are not subject to the PFAS prohibitions in this bill.
  • The bill keeps exemptions for used products and for certain federal or medical-device contexts.

• Phased PFAS prohibitions for consumer products

  • Beginning January 1, 2025, it becomes unlawful to sell or distribute in Minnesota certain products that contain intentionally added PFAS, including:
  • Carpets or rugs
  • Cleaning products
  • Cookware
  • Cosmetics
  • Dental floss
  • Juvenile products
  • Menstruation products
  • Textile furnishings
  • Ski wax
  • Upholstered furniture
  • There is a carve-out: products containing PFAS are allowed if PFAS is present only in electronic components or internal components.
  • The Department of Agriculture can add more product categories by rule.
  • The Department must prioritize categories that are most likely to harm the environment or natural resources.
  • Beginning January 1, 2032, a general prohibition applies so that no product containing intentionally added PFAS may be sold unless the use is deemed a currently unavoidable use. The commissioner can designate which products have a currently unavoidable use.
  • The prohibition does not apply to certain agricultural products (pesticides, fertilizers and related materials) unless approved by the Agriculture Commissioner.

• Information, testing, and registration

  • The bill adds PFAS-specific information requirements to the registration process for experimental use pesticide products, including details about any intentionally added PFAS, PFAS ingredients, chemical structures, analytical methods, and purposes for PFAS in the product (including in product components).
  • It allows waivers or extensions of information requirements if substantially equivalent information is publicly available, and permits joint determinations with other states or parties regarding public availability of information.
  • It allows extending deadlines for submitting information if more time is needed.

• Enforcement and coordination

  • The Department of Agriculture, along with other state agencies (commerce, health), is involved in enforcement and coordination.
  • If requested, individuals must provide information relevant to show compliance.

• Exemptions and preemption

  • The bill does not apply to:
  • Products where federal law governs PFAS presence and preempts state authority
  • The sale or resale of used products
  • Pesticides, fertilizers, agricultural liming materials, plant or soil amendments, farm equipment, or other products used in agriculture
  • Provisions do not apply to prosthetic/orthotic devices or medical devices or drugs regulated by the FDA.

• Repeals and reorganization

  • Repeals several older PFAS-related statutes (and related definitions) and replaces them with new provisions.
  • The appendix lists the repealed sections, including older PFAS definitions and pesticide registration provisions.

• Lead agency and data sharing

  • The Department of Agriculture is designated as the lead agency for regulation of PFAS in fertilizer, including storage, handling, distribution, use, and disposal.
  • The bill allows sharing of data with other states to avoid duplication, if the data have already been submitted to the state.

Significant Changes to Existing Law

• Shifts PFAS regulation focus:
  • Moves from a broad, older framework to a phased ban approach with a lengthy timeline (2025 partial bans; 2032 general ban) and a formal “currently unavoidable use” standard.
• Adds explicit agricultural exemptions:
  • Specifically exempts agricultural products and farm equipment from the PFAS prohibitions.
• Tightens information requirements for pesticides:
  • Requires detailed PFAS information for experimental use pesticide products and creates flexible waivers/extensions and inter-state data-sharing options.
• Reorganizes PFAS authority:
  • Repeals several older PFAS statutes and reorganizes them under new sections that emphasize phased prohibitions, use of mutually recognized standards, and a lead-agency approach with agriculture as a key player.
• Establishes enforcement and penalties framework:
  • Keeps coordination across multiple agencies and requires cooperation to demonstrate compliance.

Timeline and Dates (High-Level)

• 2025: Partial prohibition starts for listed consumer products containing intentionally added PFAS, with carve-outs for electronic/internal components.
• 2032: General prohibition unless a PFAS use is deemed a currently unavoidable use; the commissioner may designate categories where this applies and cannot apply to listed categories if not allowed.
• 2026 (in related repealed appendix content): Earlier framework required notifications about PFAS in pesticides; the bill reorganizes or supersedes these requirements under the new structure.

How this affects different groups

• Consumers: Potential future bans on many PFAS-containing consumer products, with a focus on protecting the environment and public health.
• Farmers and agricultural suppliers: Exempt from PFAS prohibitions on agricultural products and farm equipment; new reporting and coordination requirements around PFAS in agricultural contexts.
• Pesticide and fertilizer manufacturers: New information requirements for experimental uses, with waivers/extensions and inter-state data sharing; agricultural regulators retain oversight.
• State agencies: Shared enforcement and data responsibilities, with the Department of Agriculture taking a lead role on PFAS in fertilizer and related agricultural products.

Note on terminology

• PFAS: Per- and polyfluoroalkyl substances; the bill uses both “PFAS” and the full term.
• Intentionally added PFAS: PFAS that are deliberately included in a product.
• Currently unavoidable use: An allowed use of PFAS when there are no viable alternatives, as defined in the bill.
• Lead state agency: The Department of Agriculture leads PFAS regulation for fertilizer; enforcement involves multiple agencies.

Relevant Terms

PFAS, Perfluoroalkyl and polyfluoroalkyl substances, intentionally added PFAS, currently unavoidable use, electronic components, internal components, experimental use pesticide, pesticide registration, 18B, 116.943, 18C, Department of Agriculture, fertilizer, farm equipment, exemptions, exemption, use in agriculture, environmental protection, data sharing, waivers, extensions, enforcement, preemption, federal law, used product, prosthetic device, medical device, FDA.