PFAS Statement
Beginning January 1, 2026, pesticide registrants must annually provide a statement to the MDA indicating whether a product contains intentionally added PFAS. To meet this requirement, registrants will have the option to indicate “yes” or “no” that their product contains intentionally added PFAS on their renewal forms or new product applications. This question was first made available on renewal and application forms in 2024.
Reporting Requirements
Beginning January 1, 2026, pesticide registrants must annually provide additional information for pesticide products that contain intentionally added PFAS including:
- The name and purpose for each PFAS in the product, including 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, for each PFAS;
- Or any other information required by the commissioner.
A reporting form will be made available soon through which registrants can submit this required information. Reporting forms must be submitted by the end of 2026 for all products containing intentionally added PFAS.
Extensions for submission of the required material will be determined on a case-by-case basis by the commissioner, if requested.
Prohibition of Registration
Pesticidal Cleaning Products
Beginning January 1, 2026, the commissioner may not register pesticide products containing intentionally added PFAS that meet the definition of a cleaning product, unless a determination of currently unavoidable use (CUU) by the commissioner has been made for the product. The registrant is responsible for identifying whether their product meets the Minnesota Statute definition of a cleaning product (MINN. STAT. § 18B.01).
The Pesticide Control law (MINN. STAT.. § 18B.01) defines “cleaning product” as:
“a pesticide used primarily for domestic, commercial, or institutional cleaning purposes, including but not limited to an air care product, an automotive maintenance product, a general cleaning product, or a polish or floor maintenance product.”
Registrants will be asked to attest whether their pesticide product is a cleaning product as part of the registration and renewal process. This question will appear on renewal forms and new product applications alongside the question of whether the product contains intentionally added PFAS. The option to indication whether a product is a cleaning product was first made available on renewal and application forms in 2024.
If a registrant would like to renew or register a new pesticidal cleaning product containing intentionally added PFAS after the January 1, 2026 prohibition deadline, the registrant must apply for and be granted a CUU exemption prior to registration. To allow the MDA time to assess CUU requests for cleaning products containing intentionally added PFAS up for renewal in 2026, it is recommended that registrants submit their CUU application prior to the January 1, 2026 deadline. See the CUU webpage for information on how to apply for CUU.
Cleaning products with intentionally added PFAS that registrants know will not be registered starting in 2026 must ensure product inventory is recalled from distribution by January 1, 2026.
All Other Pesticide Products
Beginning January 1, 2032, the commissioner may not register pesticide products containing intentionally added PFAS unless a determination of CUU by the commissioner has been made for the product.
If a registrant would like to renew or register a new pesticide product containing intentionally added PFAS after the January 1, 2032 prohibition deadline, the registrant must apply for and be granted a CUU exemption prior to registration. See PFAS: Currently Unavoidable Use for information on how to apply for CUU.
Minimum Risk Pesticide (25b) Products
Under the Pesticide Control law (MINN. STAT. § 18B.26 Subd.5(e)): The commissioner may exempt pesticides that have been deregulated or classified as minimum risk by the United States Environmental Protection Agency from the requirement of registration.
The MDA does not register 25b products; however, the MDA does have regulatory authority of 25b products. At this time, the MDA has not identified any 25b active or inert ingredients that would be categorized as PFAS under the Minnesota definition.
Data
The data submitted is public under Minnesota law unless it qualifies for protection under the Protection of Trade Secrets Statute (MINN. STAT. § 18B.38) or other applicable state or federal law. For data to meet the requirements for protection under the Protection of Trade Secrets statute, registrants are required to clearly mark on the form or other submitted materials any data they believe qualify as a trade secret, commercial data, or financial data. Note that merely marking submitted data as a trade secret, commercial data, or financial data is not sufficient to have the data be classified as not public data; the Commissioner of Agriculture ultimately makes the final determination on if the data qualify for such protection. If you have any questions about this process, please contact the MDA.
PFAS in Pesticides Report
The MDA has prepared both an interim report and a final legislative report on PFAS in pesticides as directed by SF 1955 Sec. 138. The reports were submitted to the Minnesota legislature in February 2024 and February 2025, respectively, and can be found in the Minnesota Legislative Reference Library and in the “Forms + Resources” section of this page.
The reports summarize the science and regulation of PFAS in pesticides, describe areas of uncertainty, and outline key considerations and challenges in the implementation of PFAS in pesticides legislation in Minnesota.
Webpage last updated: 5/15/2025
