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.
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.
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.”
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.”
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.
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.
PFAS Required Notification
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.
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.
