The US state of Minnesota has approved measures to regulate PFAS and heavy metals in a wide variety of products. The provisions relating to PFAS will be implemented in phases, starting January 1, 2025.
On May 24, 2023, the governor of Minnesota signed HF 2310 (Chapter 60, 2023) into law. As an omnibus environment and natural resources bill, it sets budget appropriations to related agencies and a wide array of provisions regarding environmental matters. Specific sections of the law regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) and two heavy metals (lead and cadmium) in a wide range of products with details as listed below.
The new law:
- Prohibits intentionally added PFAS in specific products from January 1, 2025
- Requires products containing intentionally added PFAS to submit a (potentially fee payable) notification with product reporting requirements to the state’s Pollution Control Agency (PCA) commissioner on or before January 1, 2026. Such products are prohibited to be sold, offered for sale or distributed if a manufacturer fails to disclose the required information
- Prohibits intentionally added PFAS in products from January 1, 2032, unless the PCA commissioner has determined the use of PFAS in the product is unavoidable
- Restricts lead and cadmium in certain products
- Repeals provisions in relation to ‘lead in jewelry’ and ‘cadmium in children’s jewelry’ falling under 2022 Minnesota Statutes Sections 325E.389 ‘Items Containing Lead Prohibited’ and 325E.3891 ‘Cadmium in Children’s Jewelry’
The law provides a multitude of definitions, some of which are highlighted below:
- ‘Cleaning product’ means a finished product used primarily for domestic, commercial or institutional cleaning purposes, including but not limited to air care products, automotive maintenance products such as those for washing, waxing, polishing, cleaning or treating the interior or exterior surfaces of motor vehicles, general cleaning products and polish or floor maintenance products
- ‘Cookware’ means durable houseware items used to prepare, dispense or store food, foodstuffs or beverages. It includes but is not limited to baking molds, baking sheets, bowls, cooking utensils, grills, pans, pots, skillets and trays
- ‘Juvenile product’ is defined as a product designed or marketed for use by infants and children under 12 years of age, including but not limited to a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, play mat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller and toddler mattress (exempts children’s electronic products)
- ‘Perfluoroalkyl and polyfluoroalkyl substances (PFAS)’ means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
Highlights of the aforementioned provisions in the new law are summarized in Table 1.
|PFAS||Prohibited if intentionally added1|
|January 1, 2025|
|PFAS||Manufacturer (includes importer or first domestic distributor) to submit notification if product contains intentionally added PFAS2||By January 1, 2026|
|PFAS||Prohibited if intentionally added (unless the commissioner has determined that the use of PFAS is unavoidable)||January 1, 2032|
|Lead Cadmium||≤ 90 ppm (0.009%) lead and|
≤ 75 ppm (0.0075%) cadmium
|August 1, 2023|
(The section does not provide an effective date. Per 2022 Minnesota Statute Section 645.02, a law without an effective date provided will take effect on August 1 following its final enactment)
1Additional products containing intentionally added PFAS with an effective date of between January 1, 2025, and January 1, 2032, may be designated by rule
2A waiver for information requirements may be granted if these are already publicly available. Testing results must be furnished within 30 days if requested. A certificate of compliance (CoC) must be provided if testing determines that the product does not contain intentionally added PFAS
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