PFAS FAQs

The MDA is responsible for regulating pesticide, fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming products with intentionally added PFAS. The Minnesota Pollution Control Agency is responsible for regulating all other products with intentionally added PFAS.

The Minnesota statute definition of PFAS is broader than many other PFAS definitions and therefore captures more chemicals. Minnesota statute defines PFAS as: “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom” with no further structural requirements.

According to statute: Unless the Commissioner of Agriculture determines that the use of intentionally added PFAS is a "currently unavoidable use" the MDA is directed to:

• not register a cleaning product that contains intentionally added PFAS beginning January 1, 2026; and
• not register any pesticide product, fertilizer, specialty fertilizer, soil and plant amendment, or agricultural liming product that contains intentionally added PFAS beginning January 1, 2032.

The MDA will allow pesticide registrants to use the usual discontinuation process (MINN. STAT. §18B.26 Subd. 6) for products containing intentionally added PFAS provided the process is initiated with enough time for the product to be in full cancellation status by the appropriate deadline. If a CUU exemption is not obtained by the registrant by the appropriate deadline, products with intentionally added PFAS will go into cancellation status upon reaching the applicable timeline. No discontinuation will be allowed after the statutory deadline.

Anyone who purchased products which have had their state registration cancelled can continue to use these products in accordance with label directions for a period of two years following the cancellation (MINN. STAT. §18B.26 Subd. 1(c)).

A recording of the webinar from August 7, 2024, has been posted to the MDA's YouTube Channel, Regulation of Pesticide Products Containing Intentionally Added PFAS.

Registrants are responsible for determining if their products meet the definition of “cleaning product” and notifying the MDA on renewals.

If the adjuvant is included in a pesticide product as an inert ingredient, it is regulated by the MDA (all pesticide products containing intentionally added PFAS are regulated by the MDA). If the adjuvant is sold separately as a standalone product, it is regulated by the MPCA.

For pesticide products, the registrant of any products sold, offered for sale, or distributed for sale in the state of Minnesota that contain intentionally added PFAS is required to report.

For fertilizers, specialty fertilizers, soil and plant amendments, and agricultural liming products, the manufacturer of any products sold, offered for sale, or distributed for sale in the state of Minnesota that contain intentionally added PFAS is required to report. “Manufacturer” is defined in MINN. STAT. §18C.005 Subd. 19(a). If more than one entity meets the definition of manufacturer, the MDA will consider the party who controls the formulation of the product to be the manufacturer.

Any product sold, offered for sale, or distributed for sale in Minnesota that is currently regulated or registered by the MDA and contains intentionally added PFAS must be reported to the MDA. This includes pesticides, fertilizers, specialty fertilizers, soil amendments, plant amendments, and agricultural liming products. If packaging for these products contains intentionally added PFAS, it must be reported to the Minnesota Pollution Control Agency (MPCA). All other PFAS-containing products are regulated by the MPCA.

No, all product registrants, manufacturers, and guarantors are responsible for determining whether their products (pesticide, fertilizer, specialty fertilizer, soil and plant amendments, agricultural liming products, etc.) contain intentionally added PFAS and reporting to the MDA. Registrants will be asked to indicate whether their products contain intentionally added PFAS on their product renewal forms starting in 2024and on new product registration applications.

The MDA has a preliminary list of pesticide active and inert ingredients that have been identified as PFAS by the Minnesota definition which can be used for general guidance; however, these lists are not comprehensive and may be subject to change.

Registrants will be able to submit information on whether their product contains intentionally added PFAS as part of their renewal forms or registration applications (yes or no question).

The MDA has developed a form through which registrants can submit the additional required information about their products with intentionally added PFAS (e.g., PFAS chemical name, weight percent, purpose). Registrants will be notified when the form is available.  

According to Minnesota law, beginning January 1, 2026, pesticide registrants and manufacturers of fertilizers, specialty fertilizers, plant and soil amendments, and agricultural liming products must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, the following information must be submitted:

• the name and purpose for which PFAS are used in the pesticide, including in any product components;
• the amount of each PFAS in the product, identified by its name, chemical structure, chemical abstracts service registry number, or other unique method approved by the commissioner; and
• any additional information required by the commissioner.

Beginning January 1, 2026, and annually thereafter.

The law only requires information on product ingredients that meet the Minnesota definition of PFAS be submitted. CSFs will not be required for PFAS reporting.

Containers are not considered part of a pesticide product and thus pesticide containers will not be regulated by the MDA. Containers, including those that are fluorinated, are regulated by the Minnesota Pollution Control Agency. Questions about regulation of fluorinated containers can be directed to: pfasinfo.pca@state.mn.us.

No.

Any registrant or manufacturer who would like to continue registering a product with the MDA that contains intentionally added PFAS after the statutory deadlines for prohibition (January 1, 2026 for pesticidal cleaning products and January 1, 2032 for all other pesticide, fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming products)

Directions for how to submit a CUU application, in addition to what applications should include, can be found on the PFAS: Currently Unavoidable Use page.

To avoid interruption of product registration, applications should be submitted well in advance of the prohibition deadline.

Determinations for currently unavoidable use exemptions will depend on when the application was submitted, its place in the queue, and the completeness and succinctness of the application.

Yes. Registrants of distributor products must submit a currently unavoidable use exemption application for distributor products. The application can refer (i.e., “right to refer”) to decisions made about the Section 3 product as support for an exemption.

Pesticide products with intentionally added PFAS are regulated by the MDA while treated articles, such as pesticide treated seeds, with intentionally added PFAS are regulated by the MPCA. Many pesticide products may be used in or on treated articles. The MDA and the MPCA are working together to determine how CUU exemptions will be handled for treated articles. The MPCA will conduct rulemaking to lay out their CUU exemption process including for treated articles. Guidelines for treated article CUU exemptions will be posted on MDA’s website, when finalized.

Yes.

Data submitted to the MDA is considered public data unless the registrant requests the data be considered Trade Secret (MINN. STAT. 18B.38 and 18C.405) and the Commissioner of Agriculture agrees the data qualifies for trade secret protection. Data contained in renewals is public under Minnesota law unless it qualifies for protection under the Pesticide Registration Law (MINN. STAT. § 18B.38) or other applicable state or federal law. If you have any questions about this process, please contact the MDA

Records such as registration documentation or sales data forms are retained for 6 years and automatically purged after that time. Data such as active ingredient content, SDS, and PFAS content is retained for the full lifecycle of the product.

Information that is marked as trade secret by the registrant, and that the Commissioner determines to be trade secret, will be accessible to only select individuals involved in pesticide application processing.