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
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.
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.
Any product sold, offered for sale, or distributed for sale in Minnesota that is currently regulated or registered by the MDA must be reported. This includes pesticides, fertilizers, specialty fertilizers, soil amendments, plant amendments, and agricultural liming materials. Packaging for these products is not included but must be reported to the Minnesota Pollution Control Agency should it contain intentionally added PFAS.
Any product sold, offered for sale, or distributed for sale in Minnesota that is currently regulated or registered by the MDA must be reported. This includes pesticides, fertilizers, specialty fertilizers, soil amendments, plant amendments, and agricultural liming materials. Packaging for these products is not included but must be reported to the Minnesota Pollution Control Agency should it contain intentionally added PFAS.
The registrant or manufacturer of a product 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 a product sold, offered for sale, or distributed for sale in the State of Minnesota that contains intentionally added PFAS is required to report.
The 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 and its PFAS content to be the manufacturer.
The 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 and its PFAS content to be the manufacturer.