Pesticidal Cleaning Products
Beginning January 1, 2026, a person may not sell, offer for sale, or distribute for sale in this state pesticide products that fall into the following 11 product categories, unless a determination of Currently Unavoidable Use by the commissioner has been made for the product: carpet or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture. We are currently only aware of pesticide products falling into the cleaning products category.
To allow the MDA time to assess products for “currently unavoidable use” (when requested), it is recommended that registrants of pesticidal cleaning products submit information about PFAS in their products with their 2024 registration or renewal. The 2024 registration/renewal form will include two new questions:
- Is the pesticide also a cleaning product?
- Does the product contain intentionally added PFAS?
Once the MDA has processed renewals, the products checked yes to the above question will receive a follow-up request for the following information.
- For each pesticidal cleaning product containing intentionally added PFAS, please provide the following:
- The name and purpose for each PFAS in the product, including any product components;
- The amount of each PFAS in the product identified by its name, chemical structure, chemical abstracts service registry number, or other unique method approved by the commissioner, and the analytical methods for each PFAS;
- Or any other information required by the commissioner.
Beginning January 1, 2026, the MDA may only register pesticidal cleaning products which:
- Do not contain intentionally added PFAS or,
- Where the intentionally added PFAS is determined to be currently unavoidable by the commissioner of agriculture.
All Other Pesticide Products
Registrants of pesticides registered with the state of Minnesota will be required to submit information about PFAS in their product with their 2026 registration or renewal. The information required for the registration or renewal will include, but may not be limited to:
- Does the product contain intentionally added PFAS?
Once the MDA has processed renewals, the products which checked yes to the above question will receive a follow-up communication to request the following information.
- The name and purpose for each PFAS in the product, including in any product components;
- The amount of each PFAS in the product identified by its name, chemical structure, chemical abstracts service registry number, or other unique method approved by the commissioner, and the analytical methods for each PFAS;
- Or any other information required by the commissioner.
Extensions for submission of the required material will be determined on a case-by-case basis by the commissioner, if requested.
Beginning January 1, 2032, the MDA may only register pesticide products which:
- Do not contain intentionally added PFAS or
- Where the intentionally added PFAS is determined to be currently unavoidable by the commissioner of agriculture
Minimum Risk Pesticide (25b) Products:
Under the Pesticide Control law (MINN. STAT. § 18B.26 Subd.5 (e)): The commissioner may exempt pesticides that have been deregulated or classified as minimum risk by the United States Environmental Protection Agency from the requirement of registration.
Currently, the MDA does not register 25b products due to the commissioner’s decision to exempt them from registration; however, the MDA does have regulatory authority of 25b products. At this time, the MDA has not identified any 25b active or inert ingredients that would be categorized as PFAS under the Minnesota definition.
Data
The data submitted is public under Minnesota law unless it qualifies for protection under Minn. Stat. § 18B.38 or other applicable state or federal law. For data to meet the requirements for protection under Minn. Stat. § 18B.38, registrants are required to clearly mark on the form or other submitted materials any data they believe qualify as a trade secret, commercial data, or financial data. Note that merely marking submitted data as a trade secret, commercial data, or financial data is not sufficient to have the data be classified as not public data; the Commissioner of Agriculture ultimately makes the final determination on if the data qualify for such protection. If you have any questions about this process, please contact the MDA.
