Current Unavoidable Use (CUU) Exemption
Determinations for currently unavoidable use exemptions will depend on when the application was submitted, its place in the queue, and the completeness and succinctness of the application.
Determinations for currently unavoidable use exemptions will depend on when the application was submitted, its place in the queue, and the completeness and succinctness of the application.
Any registrant or manufacturer who would like to continue registering a product with the MDA that contains intentionally added PFAS after the statutory deadlines for prohibition (January 1, 2026 for pesticidal cleaning products and January 1, 2032 for all other pesticide, fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming products)
Directions for how to submit a CUU application, in addition to what applications should include, can be found on the PFAS: Currently Unavoidable Use page.
To avoid interruption of product registration, applications should be submitted well in advance of the prohibition deadline.
Determinations for currently unavoidable use exemptions will depend on when the application was submitted, its place in the queue, and the completeness and succinctness of the application.
Yes. Registrants of distributor products must submit a currently unavoidable use exemption application for distributor products. The application can refer (i.e., “right to refer”) to decisions made about the Section 3 product as support for an exemption.
Pesticide products with intentionally added PFAS are regulated by the MDA while treated articles, such as pesticide treated seeds, with intentionally added PFAS are regulated by the MPCA. Many pesticide products may be used in or on treated articles. The MDA and the MPCA are working together to determine how CUU exemptions will be handled for treated articles. The MPCA will conduct rulemaking to lay out their CUU exemption process including for treated articles. Guidelines for treated article CUU exemptions will be posted on MDA’s website, when finalized.
Yes.
Data Security
Data submitted to the MDA is considered public data unless the registrant requests the data be considered Trade Secret (MINN. STAT. 18B.38 and 18C.405) and the Commissioner of Agriculture agrees the data qualifies for trade secret protection. Data contained in renewals is public under Minnesota law unless it qualifies for protection under the Pesticide Registration Law (MINN. STAT. § 18B.38) or other applicable state or federal law. If you have any questions about this process, please contact the MDA
Data submitted to the MDA is considered public data unless the registrant requests the data be considered Trade Secret (MINN. STAT. 18B.38 and 18C.405) and the Commissioner of Agriculture agrees the data qualifies for trade secret protection. Data contained in renewals is public under Minnesota law unless it qualifies for protection under the Pesticide Registration Law (MINN. STAT. § 18B.38) or other applicable state or federal law. If you have any questions about this process, please contact the MDA
Records such as registration documentation or sales data forms are retained for 6 years and automatically purged after that time. Data such as active ingredient content, SDS, and PFAS content is retained for the full lifecycle of the product.
Records such as registration documentation or sales data forms are retained for 6 years and automatically purged after that time. Data such as active ingredient content, SDS, and PFAS content is retained for the full lifecycle of the product.
Data submitted to the MDA is considered public data unless the registrant requests the data be considered Trade Secret (MINN. STAT. 18B.38 and 18C.405) and the Commissioner of Agriculture agrees the data qualifies for trade secret protection. Data contained in renewals is public under Minnesota law unless it qualifies for protection under the Pesticide Registration Law (MINN. STAT. § 18B.38) or other applicable state or federal law. If you have any questions about this process, please contact the MDA
Records such as registration documentation or sales data forms are retained for 6 years and automatically purged after that time. Data such as active ingredient content, SDS, and PFAS content is retained for the full lifecycle of the product.
Information that is marked as trade secret by the registrant, and that the Commissioner determines to be trade secret, will be accessible to only select individuals involved in pesticide application processing.
