Minnesota, USA, Issues Guidelines for Products Containing PFAS

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsMay 01, 2024

SG 63/24

Minnesota has issued guidance for the first set of prohibitions on products containing intentionally added PFAS, which will take effect on January 1, 2025.

In May 2023, the governor of Minnesota signed HF 2310 (Chapter 60) into law to regulate, among other things, products containing intentionally added per- and polyfluoroalkyl substances (PFAS, SafeGuardS 66/23).

One section of that law prohibits the following 11 categories of products from January 1, 2025, if these goods contain intentionally added PFAS (Minn. Stat. §116.943, Amara’s Law):

Carpets or rugs
Cleaning products
Cookware
Cosmetics
Dental floss
Fabric treatments
Juvenile products
Menstruation products
Textile furnishings
Ski wax
Upholstered furniture

The Minnesota Pollution Control Agency (MPCA) has recently made available a guideline to assist stakeholders with the aforementioned 2025 PFAS prohibitions. This guidance document contains several important pieces of information. It:

Clarifies that the ban also applies to certain types of packaging used with the products:

Product packaging is considered a product component and within the scope of the 2025 prohibition on intentionally added PFAS if it is integral to contain, protect or dispense the product
Product packaging and/or shipping containers used to display, market, handle, store or deliver the product are not considered as a product component
Empty packaging containing intentionally added PFAS that is sold before it contains a prohibited product is considered a product but not a product component and is not in the scope of the 2025 prohibition. Only when the package containing intentionally added PFAS is combined with the prohibited product does it become subject to the 2025 prohibition
Empty packaging will be subject to the 2032 prohibition, unless determined by rule that the use of PFAS is unavoidable

Provides additional guidance for eight categories of products, see Table 1 for highlights:

Item	Product	Remark for product containing intentionally added PFAS
1	Carpets or rugs	Scope includes car floor mats, recreational vehicle carpeting, outdoor rugs and synthetic turfs
2	Cleaning products	Scope includes floor waxes and other floor finishes Scope does not apply to those used for cleaning within an industrial manufacturing process Although the definition of cleaning products includes automotive maintenance products, the scope does not apply to engine oil
3	Cookware	MPCA considers cookware to mean the specifically listed items in the law, or different forms of the listed items (e.g. a wok or muffin pan), which include a component that has a non-stick coating The different forms indicated above also include electric versions of the listed items, such as electric wok or a waffle maker with a non-stick coating Air fryers are considered cookware if they include a component which is a form of pan, baking sheet, tray or grill that has a non-stick coating containing intentionally added PFAS Electric coffee machines are out of scope The scope of prohibition targets the use of Teflon (polytetrafluoroethylene - PTFE)
4	Dental floss	Scope includes dental tapes
5	Fabric treatments	Fabric treatments are substances that are applied to fabrics, not fabrics that have been treated Pre-treated fabrics that are a product or a component of any product prohibited in 2025 are still within scope Other pre-treated fabrics will be prohibited in 2032, unless determined by rule that the use of PFAS is currently unavoidable
6	Juvenile products	Excludes children’s electronic products and adult mattresses
7	Menstruation products	MPCA considers these to be products used to catch period flows, such as disposable and reusable pads, tampons, period underwear and menstrual cups
8	Upholstered furniture	Scope applies to all components of the furniture, including electronic components, such as those in massage chairs and other internal components

Table 1

Since January 2024, Minnesota has also banned intentionally added PFAS in food packaging (SafeGuardS 99/21) and firefighting foams.

It is important to note that the MPCA is developing three individual rulemaking pages for implementing PFAS use prohibitions and reporting requirements as part of Amara’s law, which will become effective in stages between January 1, 2025, and January 1, 2032. The rulemaking processes are looking at currently unavoidable use determinations, fees and reporting requirements under the law.

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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