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.
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.
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.
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.
PFAS Reporting Requirements
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.
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.
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.
