In 2023, laws regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products were passed in Minnesota (MINN STAT. §116.943, §18B.26, and §18C.202). These laws outline the process for gathering information on the intentional addition of PFAS in consumer products and prohibiting the sale and distribution of products containing intentionally added PFAS.
The MDA has regulatory authority over pesticide, fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming products that contain intentionally added PFAS (MINN. STAT. §18B.03 and §18C.111). The Minnesota Pollution Control Agency is responsible for the regulation of PFAS-containing products included in Amara’s Law (MINN. STAT. §116.943).
According to the Pollution Control law (MINN. STAT. §18B.26):
- Pesticide registrants will be required to submit information on pesticide products containing intentionally added PFAS to the MDA (e.g., name, amount, and purpose of PFAS ingredients) beginning Jan. 1, 2026.
- Pesticide products containing intentionally added PFAS may not be registered in Minnesota unless the commissioner determines that the use of PFAS is a currently unavoidable use beginning Jan. 1, 2026 for cleaning products and Jan. 1, 2032 for all other pesticide products.
According to the Fertilizer, Soil Amendment, and Plant Amendment law (MINN., STAT. §18C.202):
- Fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming product manufacturers will be required to submit information on products containing intentionally added PFAS to the MDA (e.g., name, amount, and purpose of PFAS ingredients) beginning Jan. 1, 2026.
- Fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming products containing intentionally added PFAS may not be registered in Minnesota unless the commissioner determines that the use of PFAS is a currently unavoidable use beginning Jan. 1, 2032.
Timelines
According to the Pesticide Control law and the Fertilizer, Soil Amendment, and Plant Amendment law (MINN. STAT. § 18B, MINN. STAT. § 18C) the MDA must follow the timelines below.
| Date | Activity |
|---|---|
| January 1, 2026 | Registration, renewal, sale, and/or distribution of any product classified as a cleaning product if the product contains intentionally added PFAS unless the commissioner determines that the use of PFAS is currently unavoidable. |
| January 1, 2032 | Registration, renewal, sale, and/or distribution of all products (pesticides, fertilizers, specialty fertilizers, soil and plant amendments, and agricultural liming products) with intentionally added PFAS will be prohibited unless the product is statutorily exempt, or the product meets the definition of “currently unavoidable use” by the MDA. |
| Date | Activity |
|---|---|
| Beginning January 1, 2024 |
Registrants of pesticide products will have the option to indicate if their product is a cleaning product, contains intentionally added PFAS, or both. |
| Required starting January 1, 2026 |
Pesticide registrants, fertilizer and specialty fertilizer manufacturers, soil and plant amendment manufacturers, and agricultural liming product manufacturers must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, they must submit the following additional information for each intentionally added PFAS ingredient:
The commissioner may extend the deadline, if more time is needed by the registrant or manufacturer to comply with the submission requirement. |
| Term | Statute | Definition |
|---|---|---|
| PFAS | MINN. STAT. § 18B.01 | A class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. |
|
Intentionally added |
MINN. STAT. § 18B.01 | PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function. |
| Cleaning product | MINN. STAT. § 18B.01 | 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. |
| Air care product |
MINN. STAT. § 116.943 | A chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating odors or freshening the air. |
| Automotive maintenance product | MINN. STAT. § 116.943 | A chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. Automotive maintenance product does not include automotive paint or paint repair products. |
| Fabric treatment |
MINN. STAT. § 116.943 | A substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance. |
| Currently unavoidable use | MINN. STAT. § 18B | A use of PFAS that is essential for health, safety, or the functioning of society and for which alternatives are not reasonably available. Currently unavoidable use may include consideration of the need to prevent or minimize potential pest resistance, and the potential human health and environmental impacts of alternative products. |
| Currently unavoidable use | MINN. STAT. § 18C | A use of PFAS that is essential for health, safety, or the functioning of society and for which alternatives are not reasonably available. |
To allow the MDA time to assess products for “currently unavoidable use” (when requested), it is recommended that registrants of products containing intentionally added PFAS submit information about PFAS in their products well in advance of the prohibition deadlines. This will allow the MDA to make unavoidable use determinations in a timely manner. See the PFAS: Currently Unavoidable Use page for more information.
Webpage last updated: 5/16/2025
