(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.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.”
It is the pesticide registrant’s responsibility to apply for and maintain a CUU exemption for each product containing intentionally added PFAS should the registrant wish to maintain registration within the state. This includes but is not limited to providing all necessary application components and completing all necessary steps in order to maintain the CUU exemption after approval.
It is the pesticide registrant’s responsibility to apply for and maintain a CUU exemption for each product containing intentionally added PFAS should the registrant wish to maintain registration within the state. This includes but is not limited to providing all necessary application components and completing all necessary steps in order to maintain the CUU exemption after approval.
(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 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 products that meet the definition of any of the regulated product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical devices 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 CUU exemption application. CUU exemption applications must be submitted prior to the January 1, 2032, deadline to ensure no interruption in registration.
(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 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 products that meet the definition of any of the regulated product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical devices 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 CUU exemption application. CUU exemption applications must be submitted prior to the January 1, 2032, deadline to ensure no interruption in registration.
- 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.
- The MDA will provide instructions on how to electronically submit a completed CUU exemption application 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.
For products that meet the definition of any of the following product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical device, the MDA recommends submitting CUU exemptions applications in advance of the 2026 statutory deadline.
All other 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.
- 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.
- The MDA will provide instructions on how to electronically submit a completed CUU exemption application 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.
For products that meet the definition of any of the following product categories: adult mattresses, air care, automotive maintenance, carpet/rug, cleaning product, cookware, cosmetic, fabric treatment, juvenile, and medical device, the MDA recommends submitting CUU exemptions applications in advance of the 2026 statutory deadline.
All other 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.
