HF4002

Purpose

• To modify Minnesota law so that veterinary products are exempt from the state prohibition on products containing PFAS (per- and polyfluoroalkyl substances).

Key Provisions

• Amends Minnesota Statutes 2024, section 116.943, subdivision 8 (Exemptions).
• Exemption language includes:
  • a) A product for which federal law governs the presence of PFAS in a way that preempts state authority.
  • b) A product regulated under Minnesota Statutes sections 325F.072 or 325F.075, or the sale or resale of a used product.
  • c) Provisions in subdivisions 4 and 5 do not apply to prosthetic or orthotic devices, or to any product that is a medical device, drug, or biologic, or that is used in a medical or veterinary setting or in medical applications regulated by the FDA or USDA.
• Overall, the bill creates exemptions to the PFAS prohibition for veterinary products, while maintaining other existing exemptions related to federal preemption, regulated products, and used products.

What this changes in practice

• Veterinary products could fall outside the PFAS prohibition if they meet the exemptions outlined (for example, when federal law preempts state limits, or when the product is regulated under the specified sections, or when it’s a used product).
• Medical and veterinary devices or products used in medical settings (and regulated by FDA/USDA) are clarified as not necessarily subject to certain subdivisions’ restrictions.

Effects on Existing Law

• Keeps the general PFAS prohibition in place but adds targeted exemptions that apply to veterinary products and certain medical contexts.
• Recognizes federal preemption and specific regulatory frameworks (325F.072, 325F.075; FDA; USDA) as bases for exemption.

Potential Implications

• Veterinary product manufacturers and suppliers may have more flexibility regarding PFAS content, depending on how the exemptions are applied.
• The bill interacts with federal regulations and other state regulations, potentially reducing state-level restrictions for certain products.
• Could affect labeling, compliance, and enforcement related to PFAS in veterinary and certain medical products.

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Relevant Terms - PFAS - Minnesota Statutes 2024 section 116.943 subdivision 8 - Exemptions - veterinary products - prosthetic device - orthotic device - medical device - drug - biologic - FDA (Food and Drug Administration) - USDA (United States Department of Agriculture) - 325F.072 - 325F.075 - federal preemption - used product - medical settings