Purpose

• To modify Minnesota law related to PFAS (perfluoroalkyl and polyfluoroalkyl substances) by exempting certain items from the prohibitions that apply to PFAS in juvenile products. Specifically, offhighway vehicles, snowmobiles, and electric-assisted bicycles would be treated differently under the PFAS provisions.

Main Provisions

• Amends Minnesota Statutes 2024, section 116.943, subdivision 1 (definitions) to revise and expand terms related to PFAS and products.
• Defines or clarifies key terms to support the PFAS regulation, including:
  • PFAS: a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
  • Juvenile product: a product designed or marketed for use by infants and children under 12, with an extensive list of examples (including items like baby products, car seats, cribs, etc.), and including specific examples such as adult mattresses, offhighway vehicles, snowmobiles, and electric-assisted bicycles.
  • Currently unavoidable use: PFAS use deemed essential for health, safety, or functioning of society, as determined by rule, with no reasonably available alternatives.
  • Intentionally added: PFAS deliberately added during manufacture to perform a specific function.
  • Product and product component, among others, to ensure PFAS rules apply to items and their parts.
• Explicitly positions offhighway vehicles, snowmobiles, and electric-assisted bicycles within the framework of juvenile products for the purposes of PFAS prohibitions, but with an exemption from those prohibitions. In other words, these items would be exempted from the PFAS prohibitions that apply to juvenile products.

Significant Changes to Existing Law

• Expands the list of items considered juvenile products by clarifying that offhighway vehicles, snowmobiles, and electric-assisted bicycles are included in the scope of juvenile products for PFAS regulation.
• Creates an exemption for these three categories, allowing PFAS to be used in or on these products without triggering the PFAS prohibitions that otherwise apply to juvenile products.
• Maintains existing definitions and rulemaking mechanisms (e.g., commissioner authority and definitions such as “currently unavoidable use” and “intentionally added”) to govern PFAS regulations, but alters enforcement by carving out this specific exemption.

What the bill seeks to accomplish

• The bill aims to modernize and tailor PFAS prohibitions so that certain vehicle-type products used by or marketed to younger populations (OHVs, snowmobiles, electric-assisted bicycles) are not subject to the same prohibitions as other juvenile products. This could allow PFAS-containing components or products in these categories to be legally used under Minnesota law, whereas other juvenile products would remain restricted.

Potential Implications

• Stakeholders in manufacturing and retail of offhighway vehicles, snowmobiles, and electric-assisted bicycles may face less stringent PFAS restrictions for juvenile-use products.
• Consumers may see PFAS-containing components in these specific vehicle types, within the constraints of future rulemaking related to “currently unavoidable use.”

Relevant Terms - PFAS - perfluoroalkyl and polyfluoroalkyl substances - juvenile product - offhighway vehicle - snowmobile - electric-assisted bicycle - adult mattress - currently unavoidable use - intentionally added - product - product component - manufacturer - textile - textile furnishings - textile (broad definition) - cleaning product - consumer product - commissioner (Pollution Control Agency)