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Who determines if my product meets the definition of any of the product categories listed in MINN. STAT. § 116.943 Subd.5(a)?

Registrants are responsible for determining if their products meet the definition of any of the product categories listed in MINN. STAT MINN. STAT. § 116.943 Subd.5(a).

No

If the adjuvant is included in a pesticide product as an inert ingredient, it is regulated by the MDA (all pesticide products containing intentionally added PFAS are regulated by the MDA). If the adjuvant is sold separately as a standalone product, it is regulated by the MPCA.

Does the MDA regulate adjuvants that contain intentionally added PFAS?

If the adjuvant is included in a pesticide product as an inert ingredient, it is regulated by the MDA (all pesticide products containing intentionally added PFAS are regulated by the MDA). If the adjuvant is sold separately as a standalone product, it is regulated by the MPCA.

No

Webpage last updated: 6/7/2025

DateActivity
January 1, 2026Registration, renewal, sale, and/or distribution of any product if the product contains intentionally added PFAS and meets the definition for any of the following product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical devices unless the commissioner determines that the use of PFAS is currently unavoidable.
January 1, 2032Registration, 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.

 

MDA Registered Product Prohibition Timeline
DateActivity
January 1, 2026Registration, renewal, sale, and/or distribution of any product if the product contains intentionally added PFAS and meets the definition for any of the following product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical devices unless the commissioner determines that the use of PFAS is currently unavoidable.
January 1, 2032Registration, 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.

 

No
DateActivity
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. Following the 2025 legislative session, registrants will now indicate if their product meets the definition of not only a cleaning product, but one of 10 additional product categories listed in Minn. Stat. 116.943 Subd.5(a). 

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:

  • Name
  • Purpose of intentionally added PFAS
  • Chemical structure
  • Chemical abstracts service (CAS) registry
  • Or any other information required by the commissioner

The commissioner may extend the deadline, if more time is needed by the registrant or manufacturer to comply with the submission requirement.

Information Collection Timeline
DateActivity
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. Following the 2025 legislative session, registrants will now indicate if their product meets the definition of not only a cleaning product, but one of 10 additional product categories listed in Minn. Stat. 116.943 Subd.5(a). 

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:

  • Name
  • Purpose of intentionally added PFAS
  • Chemical structure
  • Chemical abstracts service (CAS) registry
  • Or any other information required by the commissioner

The commissioner may extend the deadline, if more time is needed by the registrant or manufacturer to comply with the submission requirement.

No
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.
 

 

Important Definitions from Statute
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.
 

 

No

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