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.
Registrants will be able to submit information on whether their product contains intentionally added PFAS as part of their renewal forms or registration applications (yes or no question).
The MDA has developed a form through which registrants can submit the additional required information about their products with intentionally added PFAS (e.g., PFAS chemical name, weight percent, purpose). Registrants will be notified when the form is available.
Registrants will be able to submit information on whether their product contains intentionally added PFAS as part of their renewal forms or registration applications (yes or no question).
The MDA has developed a form through which registrants can submit the additional required information about their products with intentionally added PFAS (e.g., PFAS chemical name, weight percent, purpose). Registrants will be notified when the form is available.
According to Minnesota law, beginning January 1, 2026, pesticide registrants and manufacturers of fertilizers, specialty fertilizers, plant and soil amendments, and agricultural liming products must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, the following information must be submitted:
- 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, chemical abstracts service registry number, or other unique method approved by the commissioner; and
- any additional information required by the commissioner.
