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.
Directions for how to submit CUU applications, in addition to what applications should include, will be posted on the MDA’s website before 2025.
Information can be emailed to Pesticide.Registration.MDA@state.mn.us or Fertilizer.Registration.MDA@state.mn.us or mailed to the MDA. Registrants can email PFAS.MDA@state.mn.us to request access to a secure electronic file transfer portal.
Information can be emailed to Pesticide.Registration.MDA@state.mn.us or Fertilizer.Registration.MDA@state.mn.us or mailed to the MDA. Registrants can email PFAS.MDA@state.mn.us to request access to a secure electronic file transfer portal.
Data submitted to the MDA is considered public data unless the registrant requests the data be considered Trade Secret (MN 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 (MN 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
The MDA is responsible for regulating pesticide, fertilizer, specialty fertilizer, soil and plant amendment, and agricultural liming products with intentionally added PFAS. The Minnesota Pollution Control Agency is responsible for regulating all other products with intentionally added PFAS.
The Minnesota statute definition of PFAS is broader than many other PFAS definitions and therefore captures more chemicals. Minnesota statute defines PFAS as: “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom” with no further structural requirements.
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.
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)).
A recording of the webinar from August 7, 2024, has been posted to the MDA's YouTube Channel, Regulation of Pesticide Products Containing Intentionally Added PFAS.
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).
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.
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.
