In 2023, the Minnesota Legislature passed bills (SF 1955 and HF 2310) regulating pesticide products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). One of the new laws requires pesticide registrants to inform the MDA if a pesticide product contains intentionally added PFAS. Registration of pesticide products that contain intentionally added PFAS will be cancelled according to the deadlines laid out in statute unless the use of PFAS in the product is determined by the commissioner of agriculture to be a “currently unavoidable use.”
The MDA has prepared an interim legislative report on PFAs in Pesticides. The report can be found in the Minnesota Legislative Reference Library.
The Interim PFAS in Pesticides Legislative report was written in accordance with Minnesota Statute:
“The commissioner of agriculture must conduct a review of existing published literature and other available information on the presence of PFAS in pesticides used in Minnesota.”
The report was prepared by MDA staff and experts were consulted on aspects of the report when necessary.
Timelines
According to the new regulations under the Pesticide Control law (MINN. STAT. § 18B) and the Fertilizer, Soil Amendment, and Plant Amendment law (MINN. STAT. § 18C) the MDA must follow the timelines below.
| Date | Activity |
|---|---|
| January 1, 2026 | The MDA may not register or renew registration of any product classified as a cleaning product if the product contains intentionally added PFAS unless the commissioner determines that the use of PFAS is currently unavoidable. |
| January 1, 2032 | Sale and distribution of all products (pesticides, fertilizers, soil and plant amendments, and agricultural liming products) with intentionally added PFAS will be prohibited unless the product is statutorily exempt, or the product meets the definition of “currently unavoidable use” by the MDA. |
| Date | Activity |
|---|---|
| Beginning January 1, 2024 |
Registrants of pesticide products that fall into the categories of carpet or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture and are registered as pesticides under the Pesticide Control law (MINN. STAT. §18 B), will have the option to report that a product contains no intentionally added PFAS. For products that contain intentionally added PFAS, registrants will be asked to provide additional information for each PFAS present including:
|
| Required starting January 1, 2026 |
For all other pesticide products (excluding products from categories listed above) pesticide registrants, fertilizer manufacturers, soil and plant amendment manufacturers, and agricultural liming product manufacturers must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, they must submit additional information for each PFAS present to the commissioner including:
|
| Term | Definition |
|---|---|
| PFAS | A class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom |
|
Intentionally added |
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. |
| Cleaning product (MINN. STAT. § 18B.01) |
A pesticide used primarily for domestic, commercial, or institutional cleaning purposes, including but not limited to an air care product, an automotive maintenance product, a general cleaning product, or a polish or floor maintenance product. |
| Air care product (MINN. STAT. § 116.943) |
A chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating odors or freshening the air. |
| Automotive maintenance product (MINN. STAT. § 116.943) |
A chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. Automotive maintenance product does not include automotive paint or paint repair products. |
| Fabric treatment (MINN. STAT. § 116.943) |
A a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance. |
| Currently unavoidable use (MINN. STAT. § 18B) |
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. |
| Currently unavoidable use (MINN. STAT. § 18C) |
A use of PFAS that is essential for health, safety, or the functioning of society and for which alternatives are not reasonably available. |
NOTE: To allow the MDA time to assess products for “currently unavoidable use” (when requested), it is recommended that registrants of products containing intentionally-added PFAS submit information about PFAS in their products well in advance of the prohibition deadlines. This will allow the MDA to make unavoidable use determinations in a timely manner.
Criteria to Determine Products Affected
The MDA is still in the process of developing criteria to determine which pesticide products will fall under the definition of “cleaning product”, “currently unavoidable use” and “intentionally added” based on the statute definitions.
All pesticide “currently unavoidable use” decisions will be product specific. Using information provided by registrants, the MDA may consider the following information when making a determination for a product.
- If the product contains intentionally added PFAS
- If the use of PFAS in a product is essential for the health, safety, or the functioning of society
- If there are reasonable available non-PFAS alternatives
- How the PFAS may prevent or minimize potential pest resistance
- Whether there are potential human health and environmental impacts of alternative products
