Currently Unavoidable Use of PFAS in Pesticides

(MINN. STAT. § 18B.01)

“Currently unavoidable use” means a use of PFAS that is essential for health, safety, or the functioning of society and for which alternatives are not reasonably available. Currently unavoidable use may include consideration of the need to prevent or minimize potential pest resistance, and the potential human health and environmental impacts of alternative products.”

“Intentionally added” means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product’s components to perform a specific function.”

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”

(MINN. STAT. § 18B.26 Subd.7(a))

(a) Beginning January 1, 2026, a pesticide registrant must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, a pesticide registrant must submit to the commissioner the following information:

1. The name and purpose for which PFAS are used in the pesticide, including in any product components;
2. The amount of each PFAS in the product, identified by its name, chemical structure, analytical methods, chemical abstract service registry number, or other unique method approved by the commissioner; and

Any additional information required by the commissioner.

(Minn. Stat. § 18B.26 Subd. 8)

Beginning January 1, 2026, the commissioner may not register a cleaning product if the product contains intentionally added PFAS unless the commissioner determines that the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) is currently an unavoidable use.

Beginning January 1, 2032, the commissioner may not register a pesticide product that contains intentionally added PFAS unless the commissioner determines that the use of PFAS is a currently unavoidable use.

• For pesticidal cleaning products under the 2026 prohibition deadline, interested registrants should reach out to the MDA following their 2025 renewals to request information for a CUU submission. CUU exemption applications must be submitted prior to the January 1, 2026, deadline to ensure no interruption in registration.
• For all other pesticide products, if an agent/registrant indicates a product contains intentionally added PFAS on an annual renewal or new registration starting in 2026, the MDA will mail a letter with directions on how to submit a currently unavoidable use (CUU) exemption application. CUU exemption applications must be submitted prior to the January 1, 2032, deadline to ensure no interruption in registration.

• Currently unavoidable use (CUU) exemption applications must be submitted on a product-by-product basis, or for each pesticide product with a unique Minnesota Pesticide Registration number and cover all intentionally added PFAS ingredients within the product (inert and active ingredients).
• Distributor products must submit an application but have the “right to refer” to the Section 3 product’s CUU exemption application content.
• Completed CUU exemption applications can be submitted on a secure file sharing portal through a link the MDA will provide to each registrant who indicates one or more of their products contain intentionally added PFAS, or applications can be mailed to:

Minnesota Department of Agriculture
Attn: Pesticide Technical Unit
625 Robert St. N.
St. Paul, MN, 55155

• Submitting CUU exemption applications in advance of prohibition deadlines allows the MDA time to review before registration decisions are made.
  • Pesticidal cleaning products: The MDA recommends submitting CUU exemptions applications in advance of the 2026 statutory deadline.
  • All non-cleaning pesticide products: The MDA recommends submitting CUU exemption applications in advance of the 2032 statutory deadline. However, to ensure data is current and valid when the registration ban is enacted in 2032, the MDA suggests applications should be submitted after 2028.
• Depending on the number of products with intentionally added PFAS, the MDA may explore ways to stagger submissions.

Applications should include:

1. The current EPA pesticide label.
2. A completed “Application for Currently Unavoidable Use Exemption for Intentionally Added PFAS Ingredients in Pesticide Products.” The application can be found under "Forms + Resources"
3. A registrant letter of support addressing the following for each PFAS ingredient:
   • Description of the PFAS ingredient.
   • Support for why the PFAS ingredient is essential for the health, safety, or the functioning of society.
   • Support for why alternatives to the PFAS ingredient are not reasonably available.
   • (If pertinent) Support for why the PFAS ingredient is needed to prevent or minimize potential pest resistance.
   • (If pertinent) The potential human health and environmental impacts of alternative products.
4. Supporting data/information
   All claims made to support the currently unavoidable use of a PFAS ingredient can be backed by data and letters of support from qualified experts. Minnesota-specific data and letters from academics in Minnesota will provide the strongest support.

• Information Examples: Submissions could include, but are not limited to, explanations and supporting data about the following (inclusion of the following does not ensure approval)
  • Addressing essentiality
    • Need for the PFAS ingredient(s) to mitigate significant risk to human health or the environment or to mitigate significant disruptions to daily functions of society.
  • Addressing lack of reasonably available alternatives
    • Necessity of PFAS ingredient for product performance (the alternative could be removal of the ingredient).
    • Inability of non-PFAS alternative ingredients to reach performance standards.
    • Current inability to acquire non-PFAS alternative ingredients in sufficient quantities.
    • Impact of potential non-PFAS alternative ingredients on consumer price(s).
    • Impact of potential non-PFAS alternative ingredients on human health and the environment.
  • Addressing pest resistance (If pertinent)
    • Description of pest problem, including history of resistance development to existing or canceled pesticides (documented through field studies or references to field studies) and economic impacts.
    • Number of modes of action available to manage the specific pest in Minnesota.
    • Current data on the efficacy of the PFAS ingredient-containing product against the specific pest (e.g., field trials, laboratory assays).
    • A brief description of the implementation plan for resistance management and how the intentionally added PFAS ingredient-containing product fits into the plan.
  • Addressing impacts of alternative products on human health and the environment (If pertinent)
    • If the product containing intentionally added PFAS ingredient(s) was not registered, describe the human health and environmental impacts of alternative products that could be used as replacements.
• Acceptable data/information sources include:
  • Peer reviewed articles;
  • EPA/government-authored documents;
  • EPA accepted data/documents submitted as part of the federal registration process;
  • Internal/external performance data with explanation of methods and results (including statistical analyses) from laboratories inspected under the EPA’s Good Laboratory Practice Standards Monitoring Program; and,
  • Letter(s) of support from experts, preferably academics.
    • “Expert”: involved in pesticide research or with significant knowledge of the field of pest management but not a current employee of the registrant.

• Reviews will occur in the order in which applications are received.
• The MDA will initially review application packages to ensure the minimum required information is present. The MDA will only move forward with complete applications and will evaluate based on statute language. During that review, the MDA may request additional information.
• Final currently unavoidable use exemption decisions will be made by the commissioner of agriculture.

• Currently unavoidable use (CUU) exemptions will be time limited, requiring a full resubmission to maintain the exemption.
• Approved CUU exemptions are good for three years.
• After receiving a CUU exemption, registrants must annually assert they have no new knowledge or information regarding the CUU exemption. If new information exists, such as the commercialization or development of a reasonably available alternative ingredient/product, an amended CUU application should be submitted.
• MDA has the right to request an updated submission at any time if new information becomes available invalidating the previous submission.
  • Information such as registering new non-PFAS alternative ingredients or products, evidence of resistance to exempted products, etc. 
• If CUU applications are denied, applicants may request a hearing on any adverse action of the Commissioner within 30 days of being notified (Minn. Stat. § 18B.26 Subd. 5d).