SF5092

Purpose

This bill changes how the state tracks PFAS in consumer products. It extends and clarifies reporting requirements for products that contain intentionally added PFAS, and it sets conditions under which those products can be sold in Minnesota. It also notes that PFAS use may be unavoidable in some products.

Main provisions

• Information required for products with intentionally added PFAS
  • By a set deadline, manufacturers must submit to the commissioner:
  • A brief description of the product, including a UPC or SKU (or other numeric code).
  • The purpose of using PFAS in the product and in any components.
  • The amount of each PFAS substance identified by its CAS registry number, reported as an exact amount or within an approved range.
  • The manufacturer’s name and address, plus the contact person’s name, address, and phone number.
  • Any other information the commissioner requires to implement these rules.
• Category-based reporting allowed
  • With the commissioner’s approval, a manufacturer may report information for a category or type of product rather than for each individual product.
• Ongoing reporting and updates
  • A manufacturer must submit PFAS information whenever a new product with intentionally added PFAS is sold or distributed in Minnesota.
  • The information must be updated if there are significant changes or when the commissioner requests updates.
• Sales prohibition if information is not provided
  • A person may not sell or distribute in Minnesota a product containing intentionally added PFAS if the manufacturer has not provided the required information and a notification has been issued.
• Exemptions
  • The reporting subdivision does not apply to products listed in another subdivision (specific exemptions exist but are referenced rather than described here).

Timing and compliance

• The bill specifies milestone dates for when manufacturers must begin submitting information about products with intentionally added PFAS, including deadlines linked to January 1, 2026 and July 1, 2027 (as stated in the text). The exact applicability depends on the product and the timing described in the statute.
• The requirements affect products manufactured on or after the specified dates and sold or distributed in Minnesota.

Enforcement and changes to law

• This bill would amend Minnesota Statutes 2024 section 116.943, subdivision 2, and Minnesota Statutes 2025 Supplement section 116.943, subdivision 5.
• It creates new reporting obligations, strengthens oversight by requiring detailed PFAS information, and adds a sales prohibition if information is not provided.
• It also clarifies that PFAS use may be unavoidable in some products, likely affecting how certain products are evaluated under these rules.

Significance

• Increases transparency around PFAS in consumer products.
• Improves state oversight of chemical content in products sold in Minnesota.
• Encourages manufacturers to track and disclose PFAS use, concentration, and purpose.

Terminology Inclusion

• PFAS (per- and polyfluoroalkyl substances)
• intentionally added PFAS
• unavoidable uses
• UPC (universal product code)
• SKU (stock keeping unit)
• CAS registry number (Chemical Abstracts Service)
• commissioner (state environmental/health oversight official)
• Minnesota Statutes 116.943

Relevant Terms - PFAS - intentionally added PFAS - unavoidable uses - UPC - SKU - CAS registry number - commissioner - Minnesota Statutes 116.943 - reporting - product description - category reporting - sale prohibition - subdivision 5 - product information - commitment to update - new product - significant change