SF4173

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