SF4758 (Legislative Session 94 (2025-2026))
Agricultural products and equipment exemption from certain regulations governing products containing PFAS provision
AI Generated Summary
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.
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 23, 2026 | Senate | Action | Introduction and first reading | ||
| March 23, 2026 | Senate | Action | Referred to | Environment, Climate, and Legacy |
Citations
[
{
"analysis": {
"added": [
"Name and address of the applicant",
"A copy of the United States EPA permit",
"Description of the purpose or objectives of the experimental use pesticide",
"A copy of the experimental use pesticide labeling accepted by the EPA",
"The name, address, and telephone number of cooperators or participants in this state",
"The amount of material to be shipped or used in this state",
"Information about any intentionally added PFAS in the product, including PFAS ingredients, amount, chemical structure, analytical methods, and purposes for which PFAS are used in the product (including in any product components)"
],
"removed": [],
"summary": "Amends 18B.28 Subd.3 to require registration applicants for experimental use pesticide products to disclose PFAS-related information.",
"modified": []
},
"citation": "18B.28",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [
" commissioner may waive all or part of the information requirement under subdivision 2 if substantially equivalent information is publicly available",
"waivers may be granted to a manufacturer or group of manufacturers for multiple products or a product category",
"information required under subdivision 2 may be satisfied as part of annual registration or approval under chapters 18B or 18C",
"joint determination with one or more other states or political subdivisions to collect information",
"submission of information to a shared system as meeting the information requirement",
"extension of deadlines for submission of information if more time is needed"
],
"removed": [],
"summary": "Adds flexibility for information requirement waivers and extensions related to PFAS information in registration processes.",
"modified": []
},
"citation": "116.943",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [
"The commissioner may enforce this section under sections 115.071 and 116.072",
"Coordination with the commissioners of agriculture, commerce, and health in enforcement",
"When requested by the commissioner, persons must furnish information relevant to compliance"
],
"removed": [],
"summary": "Updates enforcement provisions for this PFAS-related section.",
"modified": []
},
"citation": "116.943",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expands exemptions related to PFAS prohibitions and regulatory reach.",
"modified": [
"Clarifies exemptions for PFAS-related prohibitions, including: (a) product preemption by federal law; (b) products regulated under sections 325F.072 or 325F.075; (c) resale of used products; (d) pesticides, fertilizers, agricultural liming materials, plant or soil amendments, or farm equipment defined in 325E.061 or other agricultural products. In addition, exemptions do not apply to prosthetic/orthotic devices or to medical devices or drugs regulated by the FDA."
]
},
"citation": "116.943",
"subdivision": "subdivision 8"
},
{
"analysis": {
"added": [],
"removed": [
"Definition of Perfluoroalkyl and polyfluoroalkyl substances (PFAS) under 18B.01 Subd.15c"
],
"summary": "Repeals the PFAS definition previously in 18B.01 Subd.15c.",
"modified": []
},
"citation": "18B.01",
"subdivision": "subdivision 15c"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.7 notification requirements and extensions related to PFAS information"
],
"summary": "Repeals Subd.7 related to PFAS notification requirements and extensions.",
"modified": []
},
"citation": "18B.26",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.8 PFAS prohibitions (as previously defined in this subdivision)"
],
"summary": "Repeals Subd.8 dealing with PFAS prohibitions.",
"modified": []
},
"citation": "18B.26",
"subdivision": "subdivision 8"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.6b Currently unavoidable use (PFAS context)"
],
"summary": "Repeals the PFAS-related definition of 'Currently unavoidable use' previously in 18C.005 Subd.6b.",
"modified": []
},
"citation": "18C.005",
"subdivision": "subdivision 6b"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.23a PFAS definition"
],
"summary": "Repeals PFAS-related definition of PFAS in 18C.005 Subd.23a.",
"modified": []
},
"citation": "18C.005",
"subdivision": "subdivision 23a"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.5 PFAS-related powers and duties for the Department of Agriculture"
],
"summary": "Repeals PFAS-specific authority in 18C.111 Subd.5.",
"modified": []
},
"citation": "18C.111",
"subdivision": "subdivision 5"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.1 Notification requirement for PFAS-containing products (as part of 18C.202)"
],
"summary": "Repeals Subd.1 (Notification requirement) for PFAS under 18C.202.",
"modified": []
},
"citation": "18C.202",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.2 Waivers and extensions for PFAS information"
],
"summary": "Repeals Subd.2 (Waivers and extensions) related to PFAS information under 18C.202.",
"modified": []
},
"citation": "18C.202",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [],
"removed": [
"Subd.3 Prohibition related to PFAS (beginning Jan 1, 2032)"
],
"summary": "Repeals Subd.3 (Prohibition) for PFAS under 18C.202.",
"modified": []
},
"citation": "18C.202",
"subdivision": "subdivision 3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exemption reference: PFAS provisions do not apply to products regulated under 325F.072.",
"modified": [
"Exemption for products regulated under 325F.072"
]
},
"citation": "325F.072",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exemption reference: PFAS provisions do not apply to products regulated under 325F.075.",
"modified": [
"Exemption for products regulated under 325F.075"
]
},
"citation": "325F.075",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exemption reference: farm equipment defined in 325E.061 is exempt from PFAS prohibitions.",
"modified": [
"Exemption for farm equipment (section 325E.061) in PFAS-related prohibitions"
]
},
"citation": "325E.061",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [
"Subd.1 Notification; Subd.2 Waivers/Extensions; Subd.3 Prohibition"
],
"summary": "Note: Subdivisions 1-3 of 18C.202 are repealed in this act, as described above.",
"modified": []
},
"citation": "18C.202",
"subdivision": "subdivision 1,2,3"
}
]Progress through the legislative process
In Committee