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Minnesota, USA, Regulates Chemicals in Products

SafeGuardSHardgoodsJune 02, 2023

SG 66/23

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.

SubstanceScopeRequirementEffective Date
  • Carpets or rugs
  • Cleaning products
  • Cookware
  • Cosmetics
  • Dental floss
  • Fabric treatments
  • Juvenile products
  • Menstruation products
  • Textile furnishings
  • Ski wax
  • Upholstered furniture
Prohibited if intentionally added1

  • Products where PFAS is governed by federal law that pre-empts state authority
  • Used products
  • Firefighting foam and food packaging as regulated by existing laws
January 1, 2025
  • Products
Manufacturer (includes importer or first domestic distributor) to submit notification if product contains intentionally added PFAS2By January 1, 2026
  • Products
Prohibited if intentionally added (unless the commissioner has determined that the use of PFAS is unavoidable)January 1, 2032
Lead Cadmium
  • Chalk, crayons, paints, and other art supplies
  • Clothing, footwear, headwear and accessories
  • Cosmetics and personal care products
  • Costumes, costume accessories, and children’s and seasonal party supplies
  • Craft supplies and jewelry-making supplies
  • Cups, bowls and other food containers
  • Fidget spinners
  • Jewelry
  • Keys, key chains and key rings
  • Outdoor games
  • Play sets and play structures
  • Pots and pans
  • Puzzles, board games, card games and similar games
  • School supplies
  • Toys
≤ 90 ppm (0.009%) lead and
≤ 75 ppm (0.0075%) cadmium

  • Products containing lead and/or cadmium are exempt if regulation is pre-empted by federal law
  • Must provide information for demonstrating compliance if requested by relevant authority
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 

Table 1

With facilities accredited to ISO, Australian, European and US standards, and experts covering every region of the globe, SGS is the number one choice for accurate, innovative solutions to PFAS testing. Whether you require rapid turnaround times, short-list remediation analysis or wider investigations of tissue and serum matrices, we have the capabilities to ensure your project is accurately and efficiently completed. Contact us for more information on PFAS testing or visit our website. In the end, it’s only trusted because it’s tested.

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