1.1 A bill for an act
1.2 relating to environment;
exempting agricultural products and equipment from
1.3 certain regulations governing
products containing PFAS;amending Minnesota
1.4 Statutes 2024, sections
18B.28, subdivision 3; 116.943, subdivisions 3, 7, 8;
1.5 Minnesota Statutes 2025
Supplement, section 116.943, subdivision 5; repealing
1.6 Minnesota Statutes 2024,
sections 18B.01, subdivision 15c; 18B.26, subdivision
1.7 7; 18C.005, subdivisions 6b,
23a; 18C.111, subdivision 5; 18C.202; Minnesota
1.8 Statutes 2025 Supplement,
section 18B.26, subdivision 8.
1.9 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes
2024, section 18B.28, subdivision 3, is amended to read:
1.11 Subd. 3.Application.
A person must file an application for experimental use pesticide
1.12 product registration with the
commissioner. An application to register an experimental use
1.13 pesticide product must include:
1.14 (1) the name and address of the
applicant;
1.15 (2) a copy of the United States
Environmental Protection Agency permit;
1.16 (3) a description of the
purpose or objectives of the experimental use;
1.17 (4) a copy of the experimental
use pesticide labeling accepted by the United States
1.18 Environmental Protection
Agency;
1.19 (5) the name, address, and
telephone number of cooperators or participants in this state;
1.20 (6) the amount of material to
be shipped or used in this state; and
1.21 (7) information about
any intentionally added PFAS in the product, including PFAS
1.22 ingredients, amount,
chemical structure, analytical methods, and purposes for which PFAS
1.23 are used in the product,
including in any product components; and
2.1 (8) (7)
other information requested by the commissioner.
2.2 Sec. 2. Minnesota Statutes
2024, section 116.943, subdivision 3, is amended to read:
2.3 Subd. 3.Information
requirement waivers; extensions. (a) The commissioner may
2.4 waive all or part of the
information requirement under subdivision 2 if the commissioner
2.5 determines that substantially
equivalent information is already publicly available. The
2.6 commissioner may grant a
waiver under this paragraph to a manufacturer or a group of
2.7 manufacturers for multiple
products or a product category.
2.8 (b) For a pesticide
regulated under chapter 18B, a fertilizer, an agricultural liming
2.9 material, a plant
amendment, or a soil amendment regulated under chapter 18C, a
2.10 manufacturer may satisfy
the requirements of subdivision 2 by submitting the information
2.11 required by that
subdivision as part of its annual registration or approval process under
2.12 chapter 18B or 18C. For
information that is regulated under chapters 18B and 18C, the
2.13 commissioner and the
commissioner of agriculture must jointly determine whether to make
2.14 the information publicly
available based on applicable statutes.
2.15 (c) (b) The
commissioner may enter into an agreement with one or more other states or
2.16 political subdivisions of a
state to collect information and may accept information to a shared
2.17 system as meeting the
information requirement under subdivision 2.
2.18 (d) (c) The
commissioner may extend the deadline for submission by a manufacturer of
2.19 the information required under
subdivision 2 if the commissioner determines that more time
2.20 is needed by the manufacturer
to comply with the submission requirement.
2.21 Sec. 3. Minnesota Statutes 2025
Supplement, section 116.943, subdivision 5, is amended
2.22 to read:
2.23 Subd. 5.Prohibitions.
(a) Beginning January 1, 2025, a person may not sell, offer for
2.24 sale, or distribute for sale in
this state the following products if the product contains
2.25 intentionally added PFAS:
2.26 (1) carpets or rugs;
2.27 (2) cleaning products;
2.28 (3) cookware;
2.29 (4) cosmetics;
2.30 (5) dental floss;
2.31 (6) fabric treatments;
3.1 (7) juvenile products;
3.2 (8) menstruation products;
3.3 (9) textile furnishings;
3.4 (10) ski wax; or
3.5 (11) upholstered furniture.
3.6 (b) Paragraph (a) does not
prohibit the sale, offer for sale, or distribution for sale of a
3.7 product that contains
intentionally added PFAS only in electronic components or internal
3.8 components.
3.9 (c) The commissioner may by
rule identify additional products by category or use that
3.10 may not be sold, offered for
sale, or distributed for sale in this state if they contain
3.11 intentionally added PFAS and
designate effective dates. A prohibition adopted under this
3.12 paragraph must be effective no
earlier than January 1, 2025, and no later than January 1,
3.13 2032. The commissioner must
prioritize the prohibition of the sale of product categories
3.14 that, in the commissioner's
judgment, are most likely to contaminate or harm the state's
3.15 environment and natural
resources if they contain intentionally added PFAS.
3.16 (d) Beginning January 1, 2032,
a person may not sell, offer for sale, or distribute for
3.17 sale in this state any product that
contains intentionally added PFAS, unless the commissioner
3.18 has determined by rule that the
use of PFAS in the product is a currently unavoidable use.
3.19 The commissioner may specify
specific products or product categories for which the
3.20 commissioner has determined the
use of PFAS is a currently unavoidable use. The
3.21 commissioner may not determine
that the use of PFAS in a product is a currently unavoidable
3.22 use if the product is listed in
paragraph (a).
3.23 (e) The commissioner may not
take action under paragraph (c) or (d) with respect to a
3.24 pesticide, as defined
under chapter 18B, a fertilizer, an agricultural liming material, a plant
3.25 amendment, or a soil
amendment as defined under chapter 18C, unless the commissioner
3.26 of agriculture approves
the action.
3.27 Sec. 4. Minnesota Statutes
2024, section 116.943, subdivision 7, is amended to read:
3.28 Subd. 7.Enforcement.
(a) The commissioner may enforce this section under sections
3.29 115.071 and 116.072. The
commissioner may coordinate with the commissioners of
3.30 agriculture, commerce,
and health in enforcing this section.
4.1 (b) When requested by the
commissioner, a person must furnish to the commissioner
4.2 any information that the
person may have or may reasonably obtain that is relevant to show
4.3 compliance with this section.
4.4 Sec. 5. Minnesota Statutes
2024, section 116.943, subdivision 8, is amended to read:
4.5 Subd. 8.Exemptions.
(a) This section does not apply to:
4.6 (1) a product for which
federal law governs the presence of PFAS in the product in a
4.7 manner that preempts state
authority;
4.8 (2) a product regulated under
section 325F.072 or 325F.075; or
4.9 (3) the sale or resale of
a used product.; or
4.10 (4) a pesticide; a
fertilizer; agricultural liming material; a plant amendment; a soil
4.11 amendment; farm
equipment, as defined in section 325E.061; or any other product used in
4.12 agriculture.
4.13 (b) Subdivisions 4 and 5 do
not apply to a prosthetic or orthotic device or to any product
4.14 that is a medical device or
drug or that is otherwise used in a medical setting or in medical
4.15 applications regulated by the
United States Food and Drug Administration.
4.16 Sec. 6. REPEALER.
4.17 (a) Minnesota Statutes 2024, sections 18B.01, subdivision
15c; 18B.26, subdivision 7;
4.18 18C.005, subdivisions 6b
and 23a; 18C.111, subdivision 5; and 18C.202, are repealed.
4.19 (b) Minnesota Statutes
2025 Supplement, section 18B.26, subdivision 8, is repealed.
APPENDIX
Repealed Minnesota Statutes:
26-07937
18B.01 DEFINITIONS.Subd. 15c.Perfluoroalkyl and polyfluoroalkyl
substances.
"Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon
atom.
18B.26 PESTICIDE REGISTRATION.Subd. 7.Notification required; waivers
and extensions.
(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:
(1) the name and purpose for which
PFAS are used in the pesticide, including in any product components;
(2) the amount of each PFAS in the
product, identified by its name, chemical structure, analytical methods,
chemical abstracts service registry number, or other unique method approved by
the commissioner; and
(3) any additional information
required by the commissioner.
(b) The commissioner may waive all
or part of the notification requirement under paragraph (a) if the commissioner
determines that substantially equivalent information is available. The
commissioner may extend the deadline for the submission of the information
required under paragraph (a) if the commissioner determines that more time is
needed by the registrant to comply with the submission requirement.
Subd. 8.PFAS prohibitions.
(a) Beginning January 1, 2026, the
commissioner may not register a product in the categories listed in section
116.943, subdivision 5, paragraph (a), if the product contains intentionally
added PFAS unless the commissioner determines that the use of PFAS is a
currently unavoidable use.
(b) 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.
18C.005 DEFINITIONS.Subd. 6b.Currently unavoidable use.
"Currently unavoidable
use" means a use of PFAS that is essential for the health, safety, or
functioning of society and for which alternatives are not reasonably available.
Subd. 23a.Perfluoroalkyl and polyfluoroalkyl substances.
"Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" has the meaning given in
section 18B.01, subdivision 15c.
18C.111 POWERS AND DUTIES OF COMMISSIONER.Subd. 5.Perfluoroalkyl and
polyfluoroalkyl substances.
The Department of Agriculture is
the lead state agency for the regulation of fertilizer containing PFAS,
including the storage, handling, distribution, use, and disposal of fertilizer
containing PFAS. In order to reduce duplication, a distributor, registrant, or
guarantor is not required to provide technical data to another state agency if
the distributor, registrant, or guarantor has previously submitted the data to
the commissioner and the data is available to the other state agencies.
18C.202 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.Subdivision 1.Notification
required.
Beginning January 1, 2026, a
product manufacturer must annually provide a statement that a product contains
no intentionally added PFAS or, for products that contain intentionally added
PFAS, must submit to the commissioner the following information:
(1) the name and purpose for which
PFAS are used in the product, including in any product components;
(2) the amount of each PFAS
chemical, identified by its name, chemical structure, analytical methods,
chemical abstracts service registry number, or other method approved by the
commissioner, in the product; and
(3) any additional information
required by the commissioner.
Subd. 2.Notification requirement waivers; extensions.
The commissioner may waive all or
part of the notification requirement under subdivision 1 if the commissioner
determines that substantially equivalent information is available. The
commissioner may extend the deadline for the submission of the information
required under subdivision 1 if the commissioner determines that more time is
needed by the manufacturer to comply with the submission requirement. With the
approval of the commissioner, a manufacturer may supply the information for a
category or type of product rather than for each individual product. This may
include raw materials used to produce blended fertilizers.
Subd. 3.Prohibition.
Beginning January 1, 2032, the
commissioner must not register or approve a product for use under this chapter
if the product contains intentionally added PFAS unless the commissioner
determines that the use of PFAS is a currently unavoidable use.
