Beginning January1, 2026, and annually thereafter.
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: carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture 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.
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: carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture 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.
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)).
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)).
To the extent possible, the MDA will use jointly (with Minnesota Pollution Control Agency) determined criteria to determine if the use of intentionally added PFAS in pesticide and fertilizer products is currently unavoidable. However, Minnesota Pollution Control Agency(MPCA) will follow rulemaking on currently unavoidable use which may lead to MPCA having different criteria when rulemaking is complete (goal: early 2026). After the MDA makes a determination, the agency may consult with the MPCA on the potential continued use of certain products.
To the extent possible, the MDA will use jointly (with Minnesota Pollution Control Agency) determined criteria to determine if the use of intentionally added PFAS in pesticide and fertilizer products is currently unavoidable. However, Minnesota Pollution Control Agency(MPCA) will follow rulemaking on currently unavoidable use which may lead to MPCA having different criteria when rulemaking is complete (goal: early 2026). After the MDA makes a determination, the agency may consult with the MPCA on the potential continued use of certain products.
Directions for how to submit CUU applications, in addition to what applications should include, will be posted on the MDA’s website before 2025.
