Pesticide Products
Registration of pesticide products that contain intentionally added
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.
Which agencies are involved in PFAS regulation?
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.
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 any product that contains intentionally added PFAS meeting the definition of any of the following product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical devices 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.
When will pesticide, fertilizer, soil and plant amendment, and agricultural liming products with intentionally added PFAS be cancelled in Minnesota?
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 any product that contains intentionally added PFAS meeting the definition of any of the following product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical devices 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.
Will my product be allowed to go through a discontinuation process?
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)).
Can customers continue to use a product containing intentionally added PFAS that was purchased prior to registration cancellation?
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)).
