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:
The law provides a multitude of definitions, some of which are highlighted below:
| Substance | Scope | Requirement | Effective Date |
|---|---|---|---|
| PFAS |
| Prohibited if intentionally added1 Exemptions:
| 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 Note:
| 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
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