Purpose

• To change when manufacturers must report information about products that contain PFAS (per- and polyfluoroalkyl substances) and to clarify how PFAS can be used in some products if such use is currently unavoidable.

Key Provisions

• Compliance date and reporting scope:
  • Starting July 1, 2027, manufacturers of products that contain intentionally added PFAS and are sold, offered for sale, or distributed in Minnesota must report information to the state commissioner.
  • The required information applies to products manufactured on or after that date.
• Information to be reported:
  • A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code.
  • The purpose of PFAS use in the product, including PFAS used in any product components.
  • The amount of each PFAS identified by its CAS (Chemical Abstracts Service) registry number, reported as an exact quantity or within an approved reporting range.
  • The manufacturer’s name and address, plus the contact person’s name, address, and phone number.
  • Any additional information the commissioner requests to implement the reporting requirements.
• Reporting flexibility:
  • With the commissioner’s approval, a manufacturer may report PFAS information for a category or type of product rather than for every single product.
• Updates and changes:
  • Manufacturers must report again whenever a new PFAS-containing product is introduced, and update the information when there is a significant change or when the commissioner requests an update.
• Compliance and enforcement:
  • A product may not be sold, offered for sale, or distributed in Minnesota if the manufacturer has not provided the required PFAS information and the seller has received notification of the missing information.
• Exemptions:
  • The reporting requirement does not apply to products listed under a specific subdivision referenced in the bill (an exemption for certain listed products).

Effects on Existing Law

• The bill amends Minnesota Statutes to implement the new PFAS information reporting, adjust the required reporting dates, and establish enforcement mechanisms tied to whether manufacturers provide the required information.

Practical Implications

• For manufacturers:
  • Prepare to collect and report detailed PFAS information (descriptions, codes, PFAS types, CAS numbers, and quantities) on or after the specified start date.
  • Consider reporting by product category if approved, to simplify compliance.
  • Monitor for changes and be ready to update information as PFAS usage or product lines change.
• For retailers and distributors:
  • Be prepared to comply with restrictions on selling PFAS-containing products that lack required information, following supplier notifications.

Significant Changes Highlight

• Establishes a formal, date-based PFAS reporting obligation for Minnesota.
• Expands information collection to include product codes, usage purpose, and precise PFAS quantities.
• Allows category-level reporting with commissioner approval to reduce administrative burden.
• Creates a consequence for selling PFAS-containing products without receiving the required information.
• Introduces an exemption for certain listed products.

Relevant Terms - PFAS - intentionally added PFAS - unavoidable uses - UPC (universal product code) - SKU (stock keeping unit) - CAS registry number - commissioner - Minnesota Statutes 2024 section 116.943 subdivision 2 - Minnesota Statutes 2025 Supplement section 116.943 subdivision 5 - product category reporting - information update/renewal - notification (subdivision 2.4)