PFAS

June 9, 2023 | Written by GreenSoft Technology, Inc.

New PFAS Regulation in Minnesota Coming in 2026

Governor signs law regulating products containing PFAS sold in Minnesota, effective January 1, 2026

On May 24, Minnesota Governor Tim Walz signed a new bill into law which regulates the selling of PFAS, or “forever chemicals,” in the state of Minnesota.

Effective January 1, 2026, the new regulation requires notification prior to selling, offering for sale, or distributing in the state any product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Per the regulation, on or before January 1, 2026, affected manufacturers must submit to the commissioner of the Minnesota Pollution Control Agency information that includes:

1. A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
2. the purpose for which PFAS are used in the product, including in any product components;
3. the amount of each PFAS, identified by its chemical abstracts service registry number (CAS Number), in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
4. the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
5. any additional information requested by the commissioner as necessary to implement the requirements of this section.

Further, effective January 1, 2032, all products sold in Minnesota are banned from containing intentionally added PFAS entirely, unless deemed as an essential use by the state commissioner.

Intentionally added PFAS is also banned from certain categories of products even sooner, though this provision is expected to have minimal effect on the electronics industry. Effective January 1, 2025, intentionally added PFAS is completely banned from the following products: (1) carpets or rugs; (2) cleaning products; (3) cookware; (4) cosmetics; (5) dental floss; (6) fabric treatments; (7) juvenile products; (8) menstruation products; (9) textile furnishings; (10) ski wax; or (11) upholstered furniture.

The regulation is authorized as part of a larger spending bill for the state, HF2310A. The spending bill creates a new section, 116.943 - PFAS Containing Products, to Chapter 116 of the Minnesota State Statutes containing the PFAS provisions.

Minnesota’s new PFAS regulation closely resembles the PFAS regulation recently enacted in the state of Maine. (Note: On June 1, the Maine PFAS regulation implementation deadline was delayed by 2 years until 2025.)

Read the full text of the new Minnesota PFAS regulation here. Details on the progression of the bill through the Minnesota legislature and governor’s office can be found here.

GreenSoft Technology offers a PFAS solution for manufacturers

GreenSoft Technology’s Data Services solution provides affected companies with the chemical data from their supply chain that is needed to comply with the new Minnesota PFAS regulation.

Our data collection team will contact your suppliers to obtain data on the substances contained in your products and components. We’ll validate that data for accuracy and completeness, and then check it against the U.S. Environmental Protection Agency (EPA) Master List of PFAS Chemicals, the Organisation for Economic Co-operation and Development (OECD) list of PFAS chemicals, and any other global environmental regulations that you must comply with.

With our Turnkey Service, we can generate the necessary compliance reports for you. Or you can use our GreenData Manager software to manage your company’s substance database and easily generate reports for this and other environmental regulations.

Contact us to learn more.