PFAS FAQs

The MDA is responsible for regulating pesticide, fertilizer, soil and plant amendment, and agricultural liming products with intentionally added PFAS. The Minnesota Pollution Control Agency is responsible for regulating all other products with intentionally added PFAS.

Minnesota Law defines PFAS as: "a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” This definition is written more broadly and does not contain the same stipulations as other definitions regarding the “fully fluorinated carbon atom.”

According to the new legislation: Unless the commissioner of Agriculture determines that the use of intentionally added PFAS is a "currently unavoidable use" the MDA is directed to:

• not register a cleaning product that contains intentionally added PFAS beginning January 1, 2026; and
• not register any pesticide product, fertilizer, soil and plant amendment, or agricultural liming product that contains intentionally added PFAS beginning January 1, 2032.

The MDA will allow pesticide registrants to use the usual discontinuation process (Minn. Stat. 18B.26 Subd. 6) for products containing intentionally added PFAS provided the process is initiated with enough time for the product to be in full cancellation status by the appropriate deadline. If no information is submitted for products with intentionally added PFAS they will go into cancellation status upon reaching the applicable timeline. No discontinuation will be allowed after the statutory deadline.

In accordance with the Pesticide Registration Law (Minn. Stat. 18B.26 subd 1(c)), applicators who purchase products, which have had their state registration cancelled, can continue to use these products in accordance with label directions for a period of two years following the cancellation.

A recording of the webinar from August 7, 2024, has been posted to the MDA's YouTube Channel, Regulation of Pesticide Products Containing Intentionally Added PFAS.

The registrant or manufacturer of products sold, offered for sale, or distributed for sale in the state of Minnesota that contains intentionally added PFAS is required to report.

Minnesota Statute defines manufacturer as “a guarantor, registrant, distributor, producer, or other person that creates or produces a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.“

If more than one entity meets the definition of manufacturer, the Department will consider the party who controls the formulation of the product to be the manufacturer.

Any product sold, offered for sale, or distributed for sale in Minnesota that is currently regulated or registered by the MDA that contains intentionally added PFAS must be reported. This includes pesticides, fertilizers, specialty fertilizers, soil amendments, plant amendments, and agricultural liming materials. Packaging for these products must be reported to the Minnesota Pollution Control Agency should it contain intentionally added PFAS.

If the adjuvant is included in a pesticide product as an inert ingredient it falls under the MDA’s authority to regulate. Adjuvants sold separately from pesticide products fall under the MPCA’s authority.

The MDA will not be notifying registrants if their products is considered to contain PFAS. Registrants are responsible for identifying and notifying MDA on their renewal forms if their products contain intentionally added PFAS. Registrants will also have the option of submitting that information separately; however, renewal forms are recommended for convenience. The MDA published a preliminary list of active and inert ingredients that have been identified as PFAS under the Minnesota definition of PFAS thus far.

Information can be emailed to Pesticide.Registration.MDA@state.mn.us or Fertilizer.Registration.MDA@state.mn.us or mailed to the MDA. Registrants can email PFAS.MDA@state.mn.us to request access to a secure electronic file transfer portal.

According to Minnesota law, beginning January 1, 2026, registrants and manufacturers must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, the following information must be submitted:

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

If no methods exist, make this clear when you submit all other information about the PFAS ingredient to the MDA.

The law only requires information on product ingredients that meet the Minnesota definition of PFAS be submitted. CSFs will not be required for PFAS reporting.

Containers are not considered part of a pesticide product and thus pesticide containers will not be regulated by the MDA. Containers, including those that are fluorinated, are regulated by the Minnesota Pollution Control Agency. Questions about regulation of fluorinated containers can be directed to: pfasinfo.pca@state.mn.us.

No.

Beginning January 1, 2026, and annually thereafter.

Registrants are responsible for determining if their products meet the definition of “cleaning product” and notifying the MDA on renewals.

Any registrant or manufacturer that would like to continue registering a product with the MDA that contains intentionally added PFAS after the statutory deadlines for prohibition (January 1, 2026 for cleaning products and January 1, 2032 for all other pesticide, fertilizer, soil and plant amendment, and agricultural liming products).

Yes. Registrants of distributor products must submit a currently unavoidable use exemption application for distributor products. The application can refer (i.e., “right to refer”) to decisions made about the section 3 product as support for an exemption.

Pesticide products with intentionally added PFAS are regulated by the MDA while treated articles, such as pesticide treated seeds, with intentionally added PFAS are regulated by the MPCA. Many pesticide products may be used in or on treated articles. The MDA and the MPCA are working together to determine how CUU exemptions will be handled for treated articles. The MPCA will conduct rulemaking for laying out their CUU exemption process including for treated articles. Guidelines for treated article CUU exemptions will be posted on MDA’s website, when finalized.

Directions for how to submit CUU applications, in addition to what applications should include, will be posted on the MDA’s website before 2025.

Guidance and directions for currently unavoidable use applications are being developed and will be posted on the MDA's website when finished.

Yes.

Before 2025.

To avoid interruption of product registration applications should be submitted well in advance of the prohibition deadline.

Determinations for currently unavoidable use exemptions will depend on when the application was submitted, its place in the queue, and the completeness and succinctness of the application.

Data submitted to the MDA is considered public data unless the registrant requests the data be considered Trade Secret (MN Stat. 18B.38 and 18C.405) and the Commissioner of Agriculture agrees the data qualifies for trade secret protection. Data contained in renewals is public under Minnesota law unless it qualifies for protection under the Pesticide Registration Law (Minn. Stat. § 18B.38) or other applicable state or federal law. If you have any questions about this process, please contact the MDA

Records such as registration documentation or sales data forms are retained for 6 years and automatically purged after that time. Data such as active ingredient content, SDS, and PFAS content is retained for the full lifecycle of the product.

Information that is marked as trade secret by the registrant, and that the Commissioner determines to be trade secret, will be accessible to only select individuals involved in pesticide application processing.