(MINN. STAT. § 18B.01)
“Currently unavoidable use” means 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.”
“Intentionally added” means 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.”
“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”
Definitions
(MINN. STAT. § 18B.01)
“Currently unavoidable use” means 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.”
“Intentionally added” means 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.”
“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”
(MINN. STAT. § 18B.26 Subd.7(a))
(a) Beginning January 1, 2026, a pesticide registrant must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, a pesticide registrant must submit to the commissioner the following information:
- The name and purpose for which PFAS are used in the pesticide, including in any product components;
- The amount of each PFAS in the product, identified by its name, chemical structure, analytical methods, chemical abstract service registry number, or other unique method approved by the commissioner; and
Any additional information required by the commissioner.
Registrant Responsibilities
(MINN. STAT. § 18B.26 Subd.7(a))
(a) Beginning January 1, 2026, a pesticide registrant must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, a pesticide registrant must submit to the commissioner the following information:
- The name and purpose for which PFAS are used in the pesticide, including in any product components;
- The amount of each PFAS in the product, identified by its name, chemical structure, analytical methods, chemical abstract service registry number, or other unique method approved by the commissioner; and
Any additional information required by the commissioner.
(Minn. Stat. § 18B.26 Subd. 8)
Beginning January 1, 2026, the commissioner may not register a cleaning product if the product contains intentionally added PFAS unless the commissioner determines that the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) is currently an unavoidable use.
Beginning January 1, 2032, the commissioner may not register a pesticide product that contains intentionally added PFAS unless the commissioner determines that the use of PFAS is a currently unavoidable use.
- For pesticidal cleaning products under the 2026 prohibition deadline, interested registrants should reach out to the MDA following their 2025 renewals to request information for a CUU submission. CUU exemption applications must be submitted prior to the January 1, 2026, deadline to ensure no interruption in registration.
- For all other pesticide products, if an agent/registrant indicates a product contains intentionally added PFAS on an annual renewal or new registration starting in 2026, the MDA will mail a letter with directions on how to submit a currently unavoidable use (CUU) exemption application. CUU exemption applications must be submitted prior to the January 1, 2032, deadline to ensure no interruption in registration.
State Responsibilities
(Minn. Stat. § 18B.26 Subd. 8)
Beginning January 1, 2026, the commissioner may not register a cleaning product if the product contains intentionally added PFAS unless the commissioner determines that the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) is currently an unavoidable use.
Beginning January 1, 2032, the commissioner may not register a pesticide product that contains intentionally added PFAS unless the commissioner determines that the use of PFAS is a currently unavoidable use.
- For pesticidal cleaning products under the 2026 prohibition deadline, interested registrants should reach out to the MDA following their 2025 renewals to request information for a CUU submission. CUU exemption applications must be submitted prior to the January 1, 2026, deadline to ensure no interruption in registration.
- For all other pesticide products, if an agent/registrant indicates a product contains intentionally added PFAS on an annual renewal or new registration starting in 2026, the MDA will mail a letter with directions on how to submit a currently unavoidable use (CUU) exemption application. CUU exemption applications must be submitted prior to the January 1, 2032, deadline to ensure no interruption in registration.
- Currently unavoidable use (CUU) exemption applications must be submitted on a product-by-product basis, or for each pesticide product with a unique Minnesota Pesticide Registration number and cover all intentionally added PFAS ingredients within the product (inert and active ingredients).
- Distributor products must submit an application but have the “right to refer” to the Section 3 product’s CUU exemption application content.
- Completed CUU exemption applications can be submitted on a secure file sharing portal through a link the MDA will provide to each registrant who indicates one or more of their products contain intentionally added PFAS, or applications can be mailed to:
Minnesota Department of Agriculture
Attn: Pesticide Technical Unit
625 Robert St. N.
St. Paul, MN, 55155
- Submitting CUU exemption applications in advance of prohibition deadlines allows the MDA time to review before registration decisions are made.
- Pesticidal cleaning products: The MDA recommends submitting CUU exemptions applications in advance of the 2026 statutory deadline.
- All non-cleaning pesticide products: The MDA recommends submitting CUU exemption applications in advance of the 2032 statutory deadline. However, to ensure data is current and valid when the registration ban is enacted in 2032, the MDA suggests applications should be submitted after 2028.
- Depending on the number of products with intentionally added PFAS, the MDA may explore ways to stagger submissions.
Currently Unavoidable Use Submission Expectations
- Currently unavoidable use (CUU) exemption applications must be submitted on a product-by-product basis, or for each pesticide product with a unique Minnesota Pesticide Registration number and cover all intentionally added PFAS ingredients within the product (inert and active ingredients).
- Distributor products must submit an application but have the “right to refer” to the Section 3 product’s CUU exemption application content.
- Completed CUU exemption applications can be submitted on a secure file sharing portal through a link the MDA will provide to each registrant who indicates one or more of their products contain intentionally added PFAS, or applications can be mailed to:
Minnesota Department of Agriculture
Attn: Pesticide Technical Unit
625 Robert St. N.
St. Paul, MN, 55155
- Submitting CUU exemption applications in advance of prohibition deadlines allows the MDA time to review before registration decisions are made.
- Pesticidal cleaning products: The MDA recommends submitting CUU exemptions applications in advance of the 2026 statutory deadline.
- All non-cleaning pesticide products: The MDA recommends submitting CUU exemption applications in advance of the 2032 statutory deadline. However, to ensure data is current and valid when the registration ban is enacted in 2032, the MDA suggests applications should be submitted after 2028.
- Depending on the number of products with intentionally added PFAS, the MDA may explore ways to stagger submissions.
