Affected Products

The MDA has authority over the following products with respect to PFAS regulations in the Pesticide Control law and the Fertilizer, Soil Amendment, and Plant Amendment law.

 

PFAS Statement and Reporting

Pesticide Products

Beginning Jan. 1, 2026, pesticide registrants must annually provide a statement to the MDA indicating whether a pesticide product being registered contains intentionally added PFAS. To meet this requirement, registrants must 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. For pesticide products that contain intentionally added PFAS, registrants must annually provide additional information about these products beginning Jan. 1, 2026. See PFAS: Reporting for more information. 

Fertilizer, Amendment, and Agricultural Liming Products

Beginning Jan. 1, 2026, manufacturers of fertilizer, specialty fertilizer, soil amendment, plant amendment, and agricultural liming products must annually provide a statement to the MDA indicating whether a product contains intentionally added PFAS. Manufacturers, guarantors, and licensees will see new fields on their renewal forms and new product and license applications beginning in 2026 to address PFAS reporting requirements. For those registering individual products, there will be a field next to each product to indicate whether the product contains intentionally added PFAS (“yes” or “no”).

Beginning Jan. 1, 2026, manufacturers must annually provide additional information for fertilizer, specialty fertilizer, soil amendment, plant amendment, and agricultural liming products that contain intentionally added PFAS. See the PFAS: Reporting for more information.

 

Prohibition of Registration, Sale, and Distribution

Pesticide Products

Pesticidal Products Listed in MINN. STAT. § 116.943 Subd.5(a)

Beginning Jan. 1, 2026, the commissioner may not register pesticide products containing intentionally added PFAS that meet the definition of any of the following product categories: carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture unless a determination of currently unavoidable use (CUU) by the commissioner is made for the product. The registrant is responsible for identifying whether their product meets the Minnesota Statute definition of any of the above-mentioned categories (MINN. STAT. § 116.943 Subd.5(a)). 

Registrants will be asked to attest whether their pesticide product belongs to one of the 11 categories mentioned above 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 indicate whether it is a cleaning product was first made available on renewal and application forms in 2024. Following the 2025 legislative session, all 11 categories listed in MINN. STAT. § 116.943 Subd. 5(a) are now subject to the Jan. 1, 2026, enforcement date. 

If a registrant would like to renew or register a new pesticidal product containing intentionally added PFAS that belongs to one of the 11 categories listed in MINN. STAT. § 116.943 Subd. 5(a) after the Jan. 1, 2026, prohibition deadline, the registrant must apply for and be granted a CUU exemption before registration. To allow the MDA time to assess CUU request for registration in 2026, it is recommended that registrants submit their CUU applications in advance of the Jan. 1, 2026, deadline. See the CUU webpage for information on how to apply for CUU.

Products belonging to one of the 11 categories listed in MINN. STAT. § 116.943 Subd. 5(a) with intentionally added PFAS that registrants know will not be registered starting in 2026 must ensure product inventory is recalled from distribution by Jan. 1, 2026.

All Other Pesticide Products

Beginning Jan. 1, 2032, the commissioner may not register pesticide products containing intentionally added PFAS unless a determination of CUU by the commissioner is made for the product.

If a registrant would like to renew or register a new pesticide product containing intentionally added PFAS after the Jan. 1, 2032, prohibition deadline, the registrant must apply for and be granted a CUU exemption before 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 are deregulated or classified as minimum risk by the U.S. Environmental Protection Agency (EPA) 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.

Fertilizer, Amendment, and Agricultural Liming Products

Beginning Jan. 1, 2032, the commissioner must not register or approve a fertilizer, specialty fertilizer, soil amendment, plant amendment, or agricultural liming product for use if the product contains intentionally added PFAS unless the commissioner determines that the use of PFAS is a CUU. 

If a manufacturer would like to register, renew, sell, and/or distribute a fertilizer, specialty fertilizer, soil amendment, plant amendment, or agricultural liming product that contains intentionally added PFAS after the Jan. 1, 2032, prohibition deadline, the registrant must apply for and be granted a CUU exemption before registration. See PFAS: Reporting for more information.

 

Last updated: 8/19/2025