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SF4173 (Legislative Session 94 (2025-2026))

Veterinary products exemption from the prohibition on products containing PFAS provision

Related bill: HF4002

AI Generated Summary

Purpose

  • To modify Minnesota law so that veterinary products are exempt from the state prohibition on containing PFAS (per- and polyfluoroalkyl substances). In short, it would allow certain veterinary products to include PFAS where the current ban applies.

Main Provisions

  • Amends Minnesota Statutes 2024, section 116.943 subdivision 8 to add exemptions.
    • Exemption a: The PFAS prohibition does not apply to:
    • a product for which federal law governs the presence of PFAS in a way that preempts state authority, and
    • a product regulated under Minnesota statutes as well as the sale or resale of a used product (section 325F.072 or 325F.075, or the resale of a used product).
    • Exemption b: Subdivisions 4 and 5 do not apply to:
    • a prosthetic or orthotic device, or
    • any product that is a medical device or drug or biologic, or that is used in a medical or veterinary setting, or in medical applications regulated by the FDA or USDA.
  • The bill therefore creates targeted carve-outs from the PFAS prohibition for certain veterinary-related or federally regulated products, while indicating some products still fall under PFAS restrictions.

Changes to Existing Law

  • Replaces or adds to the existing PFAS prohibition by carving out specific veterinary-related products from the prohibition, aligning with federal preemption and certain regulated product contexts.
  • Maintains exceptions for certain federally regulated or used products, and clarifies limits for prosthetic/orthotic devices and for medical devices, drugs, biologics, and other items overseen by FDA or USDA.

Exemptions and Limitations

  • Exemptions apply to:
    • products governed by federal PFAS law that preempts state authority, and
    • products regulated under sections 325F.072 or 325F.075 or used product resale.
  • Limitations:
    • Subdivisions 4 and 5 exemptions do not apply to prosthetic/orthotic devices or to products that are medical devices, drugs, or biologics, or used in medical/veterinary settings, or regulated by FDA or USDA.
    • This means PFAS restrictions can still apply to these higher-risk or federally regulated items.

Implications and Who Is Affected

  • For veterinary products: some PFAS-containing products could be sold or used where exemptions apply.
  • For medical and veterinary devices, drugs, and biologics: PFAS restrictions may continue to apply, especially where federal regulation or medical/veterinary usage is involved.
  • Regulators will need to consider federal preemption and the FED-STATE interplay when applying the PFAS prohibition.

Relevant Terms

  • PFAS (per- and polyfluoroalkyl substances)
  • Minnesota Statutes 2024 section 116.943 subdivision 8
  • Exemptions
  • veterinary products
  • prosthetic device
  • orthotic device
  • medical device
  • drug
  • biologic
  • federal Food and Drug Administration (FDA)
  • United States Department of Agriculture (USDA)
  • federal preemption
  • section 325F.072
  • section 325F.075
  • sale or resale of a used product

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 05, 2026SenateActionIntroduction and first reading
March 05, 2026SenateActionReferred toEnvironment, Climate, and Legacy

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Amends Minnesota Statutes 2024, section 116.943, subdivision 8, to create exemptions from the PFAS prohibition for certain products. Exemptions include products where federal law governs PFAS presence and preempts state authority, products regulated under Minnesota Statutes 325F.072 or 325F.075, and the sale or resale of used products. Subdivisions 4 and 5 are clarified not to apply to prosthetic or orthotic devices or to medical devices, drugs, biologics, or items used in medical or veterinary settings regulated by the FDA or USDA.",
      "modified": []
    },
    "citation": "116.943",
    "subdivision": "Subd.8"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes 2024 section 325F.072 as part of the PFAS exemptions in the bill.",
      "modified": []
    },
    "citation": "325F.072",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References Minnesota Statutes 2024 section 325F.075 as part of the PFAS exemptions in the bill.",
      "modified": []
    },
    "citation": "325F.075",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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